sc3
08-18 05:18 PM
I am an EB3 (so go ahead with your Red dots!)...
For any lawsuit, there needs to be a basis. What is the basis of your proposed lawsuit?
It has been standard operating procedure to process applications on a FIFO basis, subject to some granularity. People who feel they should get their GCs first because their PDs are older are sadly mistaken. Processing by USCIS is based on RD/ND. Not PD. So any lawsuit complaining about PD-FIFOs is not going to fly.
I highly doubt that any lawsuit which complains that NSC is slower than TSCs is not going to fly either. Each Service center has certain amount of staff, and allocation to jobs, they will be some discrepancy. If someone is able to make a lawsuit stick on this basis, let us know, we will build a avalanche of lawsuits because labor was not being approved in an orderly fashion in 2001-2004 time frame, all of which will then have a direct impact on all the 2004-2006 filers.
Go ahead and help us out. File your lawsuits, EB3s will join the party with our own lawsuits.
For any lawsuit, there needs to be a basis. What is the basis of your proposed lawsuit?
It has been standard operating procedure to process applications on a FIFO basis, subject to some granularity. People who feel they should get their GCs first because their PDs are older are sadly mistaken. Processing by USCIS is based on RD/ND. Not PD. So any lawsuit complaining about PD-FIFOs is not going to fly.
I highly doubt that any lawsuit which complains that NSC is slower than TSCs is not going to fly either. Each Service center has certain amount of staff, and allocation to jobs, they will be some discrepancy. If someone is able to make a lawsuit stick on this basis, let us know, we will build a avalanche of lawsuits because labor was not being approved in an orderly fashion in 2001-2004 time frame, all of which will then have a direct impact on all the 2004-2006 filers.
Go ahead and help us out. File your lawsuits, EB3s will join the party with our own lawsuits.
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royus77
08-01 01:47 PM
I 140 from TSC and I 1485 received at NSC on july 2 8:00 AM
aquarianf
04-24 11:29 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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
2011 Taylor Lautner#39;s #39;Abduction#39;
vempati
08-21 08:54 AM
Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
more...
neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
vbkris77
05-02 10:50 AM
What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
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eers
07-10 06:56 PM
A simple and easy way to spread this news would be to email the news coverage links to every one possible.
2010 taylor lautner 2011.
brb2
10-18 10:27 AM
I fully agree with your analysis:)
Even if the republicans loose heavily but retain control of congress, they will be mortally wounded and so things will be hard to predict. The stock market has betted that control of both houses will remain with GOP.
That's why I said before;some people are pretty sure that if democrats win, we will be alright. In my view it may turn out to be the opposite. Democrats favor illegal immigration. I think they are less inclined to pass our SKULL bill alone. I strongly believe that that democrats would rather attach our bill to the CIR/illegal alien amnesty bill, which still will be controversial to pass. Even if Sen. Specter and his team manage to flood America with illegal aliens, then we may take a hit from the collateral effects caused by millions of applications at USCIS.
If Republicans win, we are problably in a better shape.
Even if the republicans loose heavily but retain control of congress, they will be mortally wounded and so things will be hard to predict. The stock market has betted that control of both houses will remain with GOP.
That's why I said before;some people are pretty sure that if democrats win, we will be alright. In my view it may turn out to be the opposite. Democrats favor illegal immigration. I think they are less inclined to pass our SKULL bill alone. I strongly believe that that democrats would rather attach our bill to the CIR/illegal alien amnesty bill, which still will be controversial to pass. Even if Sen. Specter and his team manage to flood America with illegal aliens, then we may take a hit from the collateral effects caused by millions of applications at USCIS.
If Republicans win, we are problably in a better shape.
more...
maag
05-30 10:49 AM
Thanks Marty once again.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
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voradharmesh
05-23 10:37 AM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
more...
gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
hot Taylor Lautner. 5 June 2011
delhiguy
07-08 08:51 PM
If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.
Under the special labor law
http://www.dol.gov/compliance/guide/h1b.htm
U can sue anybody you want dear..
I am not a lawyer and this is not a legal advice, and i may be wrong
Under the special labor law
http://www.dol.gov/compliance/guide/h1b.htm
U can sue anybody you want dear..
I am not a lawyer and this is not a legal advice, and i may be wrong
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nc14
09-10 04:10 PM
psaxena, you are right on money. I am waiting to see a reply from gvenkat and TeddyKoochu.
I doubt they will respond though.
The only way out is to either go back or get together in a group and help IV to move ahead..
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
I doubt they will respond though.
The only way out is to either go back or get together in a group and help IV to move ahead..
THATS THE ONLY , REST EVERY SUGGESTION WITHOUT THIS IS BULLSHIT.
QUOTE=TeddyKoochu;874115]I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.[/QUOTE]
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kg318
04-25 10:44 AM
[QUOTE=kg318;242627]
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.
Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
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hiUS
09-08 02:09 PM
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
As you said, please post your experience with Infopass tomorrow. It will be helpful.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
As you said, please post your experience with Infopass tomorrow. It will be helpful.
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sss9i
07-20 10:50 AM
I will pledge $ 100.
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gccovet
02-09 02:08 PM
Here is my $100 contribution
Dt: 02/09/09
Receipt ID: 5524-9117-6391-1389.
Thank you mmanurker and ita!!
G. Total = $303.00
comeon folks...
Gccovet
Dt: 02/09/09
Receipt ID: 5524-9117-6391-1389.
Thank you mmanurker and ita!!
G. Total = $303.00
comeon folks...
Gccovet
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jessie1981
06-12 11:47 AM
Hi,
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
I filed on June 5th and TSC received my package on June 6th. Still my Checks hasnt cleared.
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
hairstyles Taylor Lautner. 5 June 2011
GC_Applicant
07-20 03:21 PM
Anzeeraja,
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Thanks for the initiative. I like the poll idea.
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
rajuseattle
09-24 05:09 PM
Guys i finally received our receipt notices on Sept 24th 2007.
Self and spouse I-485/EAD/AP filed @ NSC on Aug 07th 2007
Receipt Date: August 08th 2007
Notice Date: Sept 14th 2007
LUD: 09/18/2007 on 485/EAD/AP
LUD: 08/12/2007 on I-140 pending at TSC.
Awaiting my FP notice/EAD/AP/I-140 approvals.
PD: EB3 ( India) June 2003
Self and spouse I-485/EAD/AP filed @ NSC on Aug 07th 2007
Receipt Date: August 08th 2007
Notice Date: Sept 14th 2007
LUD: 09/18/2007 on 485/EAD/AP
LUD: 08/12/2007 on I-140 pending at TSC.
Awaiting my FP notice/EAD/AP/I-140 approvals.
PD: EB3 ( India) June 2003
marty
05-30 10:39 AM
Thanks Marty.
Just keeping my fingures crossed.
POE will be peace bridge niagara falls.
I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:
1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.
2. Locate the medical insurance office and obtain your medical insurance card.
3. Go to the post office and obtain a PO box.
4. Open a bank account. Use the PO box address as mailing addres.
Good luck.
Just keeping my fingures crossed.
POE will be peace bridge niagara falls.
I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:
1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.
2. Locate the medical insurance office and obtain your medical insurance card.
3. Go to the post office and obtain a PO box.
4. Open a bank account. Use the PO box address as mailing addres.
Good luck.
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