Sunday, July 3, 2011

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  • anilsal
    12-10 12:37 PM
    There is absolutely no need for more foreigners here and no need for more green cards.
    I guess to the original inhabitants, you are a foreigner too. Now with what card did your ancestors arrive? I am sure just the steamer card would not make the cut.

    By the way, thanks for visiting our forums. There sure are so many websites on the internet, that you took the time to visit us.




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  • wait4ever
    08-08 11:55 AM
    Congratulations! Don't worry, those emails don't arrive in a logical order. I am pretty sure you will get a case approval email soon. In any case your wait is over. Happy 4th!!


    I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
    Thanks




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  • bijualex29
    09-11 11:50 AM
    I got my receipt No filed at NSC on 9th July and trasfered to WAC for receipting.




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  • gc_on_demand
    02-17 10:27 AM
    I try to get 2 days off from work but could not get it because of work related travel in same week. Donated 100 USD and will do more later.. GO IV GO.

    Payment Receipt
    Receipt ID
    0852-0955-4419-3658

    Total
    $100.00

    We'll send a confirmation email to XXX@XXXX.com. This transaction will appear on your statement as IMMIGRATION.

    Paid to
    Immigration Voice
    donations@immigrationvoice.org
    850-391-4966
    Shipped to
    Your shopping cart
    Description Price Quantity Amount
    Donation to Support Immigration Voice (User: gc_on_demand)
    $100.00 1 $100.00
    Item total $100.00
    Total $100.00 USD



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  • nk2006
    02-11 11:39 AM
    Sent the check for $25 to the address provided by Akhil in the first post.
    Thanks for the effort.




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  • desi3933
    07-10 10:43 AM
    that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.

    Page 5

    Further, the director noted in his decision that the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position. The petitioner did not address this issue on appeal. Therefore, the petitioner has not demonstrated that it is the intending employer offering the beneficiary a full-time, permanent position.



    .



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  • gc_on_demand
    02-17 10:27 AM
    I try to get 2 days off from work but could not get it because of work related travel in same week. Donated 100 USD and will do more later.. GO IV GO.

    Payment Receipt
    Receipt ID
    0852-0955-4419-3658

    Total
    $100.00

    We'll send a confirmation email to XXX@XXXX.com. This transaction will appear on your statement as IMMIGRATION.

    Paid to
    Immigration Voice
    donations@immigrationvoice.org
    850-391-4966
    Shipped to
    Your shopping cart
    Description Price Quantity Amount
    Donation to Support Immigration Voice (User: gc_on_demand)
    $100.00 1 $100.00
    Item total $100.00
    Total $100.00 USD




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  • Maverick1
    10-09 12:50 AM
    ................................ The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.

    :D Classic logiclife :):)



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  • reddymjm
    06-13 07:03 PM
    Atlast all my checks are cashed today. I am able to get my case number from the checks. Even though INS received my application on June 6th, in my 485 it says that they have received my application only on June 11th. Wonder why?
    They fwded the bundle to texax your receipts start with SRC not LIN.




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  • drona
    07-06 03:32 PM
    Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.



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  • desi3933
    07-10 03:37 PM
    ....
    That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....

    Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled

    "Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "




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  • tikka
    05-23 11:32 AM
    Thank you for your e-mail. It is very important to me to know the issues
    that are of concern to you. A growing number of my constituents are now
    choosing to communicate with me via e-mail. I hope you will understand
    that, because of the volume and range of e-mails I receive, it can take
    some time to send a response that specifically addresses the subject
    raised in your message. I do, however, want to let you know immediately
    that your message has been received. Hearing from you and others through
    e-mail helps me to quickly learn the views and interests of New Yorkers
    and others, which is very helpful to me in my work in the United States
    Senate. I hope you will continue to monitor my work through my website
    at http://clinton.senate.gov, and I welcome hearing from you.

    Sincerely,

    Senator Hillary Rodham Clinton



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  • nick
    08-28 12:00 PM
    Still waiting for july 5th
    i 140 approved 09/06 from TSC
    i485/i765 send to TSC on 2nd they rec. 5th
    No rece yet




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  • Greatdesi
    08-23 12:04 PM
    Hi Asethura,
    Did the status ever change to 'card production ordered'?

    Hi All, we got our physical cards yesterday my USPS.
    PD: Feb 16th, 2006, NSC, EB2-I, RD: Aug 6th 2007
    Got Welcome notice by USPS o Aug 16th (approved on August 10th), online status changed to PDA on August 19th, got physical cards yesterday.



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  • sayantan76
    07-08 03:34 PM
    I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.

    It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.

    Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution

    That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.

    I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.

    I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day

    while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause




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  • qplearn
    10-27 08:05 AM
    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.



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  • Administrator2
    11-17 08:06 PM
    just
    1,747 Letters and Emails Sent So Far

    :(

    Leo,

    Just so that we are clear, please note that signing online petitions doesn't mean anything if there is no matching advocacy. Timing of the activity is also very important. In the end, advocacy and grassroots effort must compliment each other at the same time. The website you are referring is an advertisement website. Its not a resource for serious advocacy effort.

    The Congress is right now focused on DREAM Act. If we just say "Erase Green card backlog", it will mean nothing. But there is a chance if we send specific targeted message asking to include specific provisions in the bill that appear to be moving (i.e. DREAM Act in this case), and IV is complimenting this message with the advocacy on the ground.

    Just sending random email from some online advertisement for profit website does not mean anything. We think that some of these websites are just collecting your Email and Home Address, which they could sell for making profit.

    Immigration Voice would like to request its all members not to send out random messages from advertisement websites because such messages are out of sink with reality. Please participate in the well defined and targeted 'Action Items' on IV.

    Team IV




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  • kg318
    04-23 10:00 PM
    Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?

    Non-compete Agreements in New Jersey

    Should you sign that non-compete agreement?

    It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.

    Can you be fired for refusing to sign that non-compete agreement?

    Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).

    Will a New Jersey court enforce your non-compete agreement?

    Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.

    What will happen if you have signed a non-compete agreement that is not �reasonable�?

    If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).




    Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.

    As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"


    Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.

    AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.


    Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
    just make the employee sign it to restrict him from making better living and not give anything in return....


    Seems like these things are favourable to all the h1b employees.
    If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.




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  • kanyewest
    02-12 11:13 AM
    Couple of questions here -
    1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
    2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
    a. your employment is terminated
    AND
    b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)



    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...




    gcspace
    10-16 09:50 AM
    Any one from July12 - 16th got their checks/receipts?




    mnkaushik
    08-23 12:59 PM
    I see a soft LUD dated 08/21/2010 on my 485 and existing approved EAD on my portfolio. What doz this mean? Any ideas? Anybody?

    My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.



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