senthil1
12-10 09:55 AM
Most of the persons pd may become current before skill comes. That may keep those persons to smile
wallpaper The Call of the Wild by Jack
Gravitation
04-22 08:23 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
sankap
07-10 04:43 PM
No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
2011 Jack London Call of the Wild
alien4ever
07-07 05:47 PM
Did this rally on 7th July in San Jose happen? Any updates from folks who were there?
more...
siddhu98
08-14 11:57 AM
EB2-I
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
iptel
11-30 07:20 PM
Sorry to hear about this Mehul. Wish you a speedy recovery.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
Please make sure you try Tata Memorial Hospital in Mumbai they specialize in Cancer treatment http://tmc.gov.in/.
I am not trying to make you feel good but sharing personal experiance. One of my relative was diagnosed with fatal cancer. As part of final effort they visited TMC if there is a cure. To their surprise they found Cancer to be false alarm it was just a non malignant tumor.
Mistakes do happen and I hope it happened with you too.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
Please make sure you try Tata Memorial Hospital in Mumbai they specialize in Cancer treatment http://tmc.gov.in/.
I am not trying to make you feel good but sharing personal experiance. One of my relative was diagnosed with fatal cancer. As part of final effort they visited TMC if there is a cure. To their surprise they found Cancer to be false alarm it was just a non malignant tumor.
Mistakes do happen and I hope it happened with you too.
more...
eb3_nepa
08-18 03:02 PM
Wasn't that appropriate here? Aren't they use this word in day to day life?
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.
Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here
2010 Call of the Wild - Jack London
AllVNeedGcPc
04-13 10:36 PM
- Flew into YYZ (with family), completed landing process last week
- Have expired H1-B stamp but approved I-797s
- Flew back this week on AVR
- No questions asked on both sides
- Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
- Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
- I would not suggest giving up the Canadian PR based on just rumors and no facts
- Have pending 140 and 485
- Have APs too, but did not use them
- Have expired H1-B stamp but approved I-797s
- Flew back this week on AVR
- No questions asked on both sides
- Stayed in Canada for a week. Its an amazing country with mix of good points from Europe (relaxed life, warm people ...) and USA (cleanliness, immigrant friendly ...) and a stable economy (atleast this far...). Overall, liked Canada alot
- Some people say, "its sheer luck", but many friends have done this without any problem. I would say "its sheer bad-luck" if anyone got into trouble doing this
- I would not suggest giving up the Canadian PR based on just rumors and no facts
- Have pending 140 and 485
- Have APs too, but did not use them
more...
sayonara
09-06 09:15 PM
Hi all,
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
hair Author: Jack London
crystal
07-10 10:34 AM
I am not able to see can you paste the content ?
Article on Pioneer Press in Minneapolis, MN
http://www.twincities.com/ci_6336222?IADID=Search-www.twincities.com-www.twincities.com&nclick_check=1
I am able to see here
http://www.twincities.com/business/ci_6336222
Article on Pioneer Press in Minneapolis, MN
http://www.twincities.com/ci_6336222?IADID=Search-www.twincities.com-www.twincities.com&nclick_check=1
I am able to see here
http://www.twincities.com/business/ci_6336222
more...
pooja_34
08-31 04:33 PM
Wow - I'm already shaking in my boots .... Why dont you pm me your contact info and I'll call you and give you mine :)
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
note to admins: Please track down the ip address of this person. I'm gonna sue this person and i am dead serious. Please pm me with this person's ip address and i'll make sure i'll take action against him/her.
hot The Call of the Wild
vjkypally
05-19 11:08 PM
Just Donated 25 dollars. I don't see Donor status. Does it take time?
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house An adaptation of Jack London#39;s
Vipps
07-20 02:43 AM
$100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.
I will be doing R2I sooner, yet i feel guilty after reading that article.
I will be doing R2I sooner, yet i feel guilty after reading that article.
tattoo 1905 CALL OF THE WILD by JACK
man-woman-and-gc
09-17 03:47 PM
Lets not waste our energy on those who don't believe USCIS has done anything wrong or are content with the current state of immigration....lets focus on getting more and more support to this movement.
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
more...
pictures Welcome Friends of Jack London
EB3_SEP04
08-14 02:35 PM
EAD paper filed at TSC.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
dresses Author(s): Jack London
CADude
08-01 06:30 PM
Tricky question? Only USCIS can answer. May be part of FAQ3..;)
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
more...
makeup Call of The Wild by Jack
royus77
06-27 03:22 PM
I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
You have to change with the time .For good or Bad there are some laws which are favaourable to us ..so just use them
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
I agree with you on this point
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
You have to change with the time .For good or Bad there are some laws which are favaourable to us ..so just use them
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
I agree with you on this point
girlfriend The Call of the Wild is a
SunnySurya
08-18 02:35 PM
That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't beleive I had been unethical.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
hairstyles Jack London
desigirl
09-27 08:26 AM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
We got the year..how about the month and day on which to port to eb2?;)
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
We got the year..how about the month and day on which to port to eb2?;)
tikka
05-23 11:17 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
dtekkedil
07-05 01:44 PM
This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Can anyone familiar with using paypal accounts come forward? I personally have never used them (except to donate to IV) so I would not be a good choice. That person will have to publish the nicknames (people can use whatever names they want if that is possible!) and the amount paid by each person at the end of the day.
This will help our cause... I believe more people will come forward if we do this. Of course others still have the choice of doing this individually as well!
Any takers?
By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.
Can anyone familiar with using paypal accounts come forward? I personally have never used them (except to donate to IV) so I would not be a good choice. That person will have to publish the nicknames (people can use whatever names they want if that is possible!) and the amount paid by each person at the end of the day.
This will help our cause... I believe more people will come forward if we do this. Of course others still have the choice of doing this individually as well!
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