Monday, June 27, 2011

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  • lasvegas
    02-06 10:03 AM
    Another thread where this issue is discussed

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=9981039551&r=1551088951#1551088951




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  • pyaradesi
    07-20 10:02 PM
    I have a question reg. the unfair vertical spill devised by USCIS when allocating the visa numbers after the initial allocation is completed.

    If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.

    Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.

    Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.

    You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category

    You are taking it personally, this is not a question of you being skilled, deserving, fair skinned, blue eyed, or hairless. Why not all the spillover to to the family based gcs?
    Think of it, uniting families is more important for a nation.

    Why do you think even in the FB there are categories, how come there is not a quota for spouses of US citizens?

    You are either not qualified for EB2 or your job is not qualified for EB2, now whose fault is it? Again, its not how much you earn, it is not how lucky you are. The EB category was not some boon, your HR manager, your lawyer, your manager came together and made the decision, last but not least your agreed to all this. EB2 is not some elitist club, you are welcome to join it, go talk to your HR manager, he controls the membership.




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  • GreenCardLegion
    03-09 09:18 PM
    And worst is the lottery...

    And I know a guy (a restaurant waiter from Nepal) got his GC in frikkin 14 months. And this was 5 years ago when I had just applied and now even today mine is still pending and that Nepali waiter who could not speak 4 words in English is now a Citizen and whenever I go to this restaurant for a buffet he keeps laughing at me and he is still a waiter in the same restaurant. I know him for 6 years. I get enraged at this countrys immigration policy. And I have met about 5 cabbies (Somalia, Pakistan, Sudan) etc etc who came here by winning visa lottery. And they are all citizens or GC holders. This is a mockery. This country has finally started to SUCK big time.




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  • v2neha
    09-16 06:21 PM
    Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA

    If you live in MA, go to http://kennedy.senate.gov/ and select 'case work' from Constituents Services. If you live in another state, go to your state's senator's website and find link to send them request related to cases pending with gov. agencies.

    BTW - I received physical EAD cards with two year validity in mail on 9/11



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  • immigrationaccount
    08-31 12:13 PM
    When we tried to schedule infopass (for sep) we found only one are two dates and appointments start from 6 AM. Is this correct? Will the office be open so early? We got a slot at 7.30 AM.

    Also once you book an appoinment, I see only 'cancel' option, how to get to modify option?

    Thank you for all the help.




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  • r2i2009
    09-13 08:55 PM
    Guys,

    Given the EB3 situtation.....most EB3 will convert to EB2 and flood EB2. This is going to happen soon. More money for USCIS.....EB2 will become U



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  • rahulp
    09-10 08:52 PM
    My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.

    I guess Oct bulletin (EB3 - I) got me going there...

    I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.

    Peace.




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  • psk79
    09-10 11:23 AM
    Hey, Anyone whose checks cashed but still didnt get their receipts? My checks were cashed 5 days ago. So far no receipt notices.. I got the receipt no's from back of the checks and the lud on 765 is 9/7 but it still says we mailed out a notice on how we process this case.....



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  • gc28262
    05-10 08:50 PM
    .................................................. .............
    .................................................. .................................................. .
    I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.

    If the original intend was to promote diversity (whether it is in FB or EB immigration), quota should be based on ethnicity of US population ( GC holders and citizens ). Ceiling should be applicable to countries those have a high percentage of representation in US population. Does India or China constitute a majority in US population ? No way. Indians and Chinese are a minority in US population.

    The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.




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  • visli_com
    02-18 07:41 PM
    Tomorrow will be my FP at santa ana,ca , my case was nsc->csc->nsc. 2nd july filer.



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  • bmoni
    05-02 12:43 AM
    Hey,

    Just keep in mind those dots doesn;t count...what will count is how in the world are we going to tell USCIS our pain and this hostile situation ....




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  • gcbikari
    04-24 10:55 AM
    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.

    Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.



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  • EADplease
    09-20 04:13 PM
    I just called USCIS. The woman was polite but she told me there is nothing she can tell me since it is still within 90 days and she cannot tell me the receipt number. :mad:

    I gues it depends on who you talk to.

    Thank you very much!

    We're anxiously waiting for the receipt notice in the mail...




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  • tonyHK12
    02-10 07:17 PM
    thanks spulgur, RSM1444 for your contribution.

    There has been some pickup in contributions, however based on this average, we may only reach 25% of our funding goal. Some things like reserving conference rooms, appointments, need to be done well in advance.
    If anyone already has other large financial commitments you could even send a check for a smaller amount and post it here for accounting. Please also let all your friends know about this event and attend and/or contribute. I promise to contribute more.

    Amount raised = $2100.00
    Contributions needed = $47,900.00



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  • nmdial
    09-09 10:03 AM
    I read this as a status message of a CEO sometime back on linkedin:

    An egg, when broken from inside, brings in new life but if broken from outside, kills it.

    Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.




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  • Pankaj
    06-22 10:46 AM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?



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  • acecupid
    08-18 03:25 PM
    SunnySurya,

    I think you need to do a reality check on your leadership and mobilizing skills. The reason you cant find even 10 people who support your ideas should tell you something. You have to convince people who oppose your ideas in a logical way, so they see some sense in what you are trying to achieve. If you cannot convince people who oppose you with logical answers you wont find much support as a community from IV. I think people like eb3_nepa have every right to question your actions and intentions and if you cannot respond to healthy dialogue, dont expect people to support your cause. You have to give respect to gain respect.

    I personally support your cause about FIFO processing but you need to broaden it beyond EB2 to the entire EB community. It seems to me you have managed to gain such a notorious reputation that people are opposed to anything you have to say :) Its like a HR hiring manager saying to you, you are brilliant but you dont have the right attitude, so we dont need you.

    Good luck!




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  • ssa
    07-28 12:47 AM
    It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.

    Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.

    Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .

    is there anything that says that distribution further has to be done in a particular way ??

    I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.

    In that light every comment about EB*->EB? , failing smell tests are speculative at best.

    You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.




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  • sanhari
    07-21 08:47 AM
    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....




    psk79
    09-12 02:48 PM
    I am in exactly same boat, with no idea about my pending application.
    Absolutely hate this feeling.

    Don't worry! It will soon be up. Its just where your app is located in the stack of stuff.. I worried so much until a couple of days when the checks are cashed..however no receipts yet...its just crazy..some spouses got EADs while principal applicants status is still pending...




    Macaca
    07-08 08:28 PM
    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!



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