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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]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.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    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.




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  • GC_sufferer
    07-08 10:46 AM
    Found this from Chinese website:

    http://www.mitbbs.com/article_t/Immigration/22918275.html




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  • manishcp
    08-26 09:13 AM
    LC: Dec 2003, EB-3, INDIA
    I-140: NSC in Dec 2006, No LUD yet
    I485, EAD, AP: July 3 2007 @ 11:14AM
    No news: No check cashed yet




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  • rdehar
    10-09 09:42 AM
    gjoe: "It would be more effective atleast" ...

    Agreed. The current system makes old filer feel very insecure.

    If you are in a queue for a long time, and then when your turn arrives, USCIS announces it is a "free for all" ...



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  • guchi472000
    03-26 09:41 AM
    My PD is EB2 Nov 2006.




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  • jessie1981
    06-12 12:07 PM
    I-485 approved in 11 days????? How can this be possible? Or you mean to say that they had filed the 485 before retrogression hit? Please clarify.

    Oh, yes. They filed 140/485 before retrogression hit. Most of them got second FP last month.



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  • GCStatus
    09-17 03:57 PM
    Man!
    You either get too emotional, or too defensive.




    Glad i got a free psychological examination. You are a good man. The way you are understanding the process and understanding our intentions, its a long story to explain.

    If you care, you can call me or i can call you, i will be glad to talk.




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  • caydee
    05-23 07:25 PM
    I like this as it gives a personal touch.

    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years � 2.2 million a year � to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor�s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    David Chappel



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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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  • romeshtrisal
    09-11 08:26 PM
    Do you know who received it at Nebraska Center? You will find the name of the person who received it in FedEx/DHL/UPS delivery confirmation based on the tracking no. you provide while checking status. Was it M. Schwitzer?
    Me and two more of my friends sent our respective petitions on July 27th at the same time thru the same lawyer. All these petitions were received in separate FedEx packets by this guy M. Schwitzer on 30th July. All of us are on the same boat..... no receipt notices, no encashed checks...

    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.



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  • bluesky1
    10-02 06:57 PM
    I added me here. Hope our box is not lost.

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1


    Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..

    here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name

    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest

    If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.




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  • chmur
    07-27 06:46 PM
    Also issue of discrepancy of EB2-I and EB3-I is raised first time that is after Aug VB. But I think it will fade away after oct VB when normal processing starts as diff in PD between EB3 and EB2 will be 1 or 2 years and each category will have equal Visa numbers for 9 months.

    Also the issue of recapture was raised when in 2005 the dates were retrogressed . But I think the issue will fade away after 2014 when most of the categories will be either current or near current.


    PS; I am a strong proponent of recapture but such insensitive post to EB3 plight deserves such a response.



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  • stldude
    08-13 03:10 PM
    Guys
    Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28




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  • logiclife
    10-08 06:00 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

    Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

    A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

    Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

    I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

    All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

    You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

    I will give you an example, and since you work for Government, I believe you will understand this easily.

    I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

    Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

    Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

    And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

    And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. 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.



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  • buddyinsd
    08-20 01:30 PM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.




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  • chanduy9
    07-05 09:34 AM
    Hi,

    I request every one who effected with the Revised JULY visa bulletin to send the flowers.
    I am sure we get some media and political atten....

    Select Occasion: "Sympathy"

    The message: All the best for future Employment Based visa estimates

    Delivery location type is Business, US Citizenship and Immigration Service

    Address:

    Emilio T. Gonzalez
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529


    Thanks,
    Chandra.



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  • riyaz.pirani
    09-22 03:41 PM
    What center did you file NSC or TSC




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  • Almond
    12-16 07:58 PM
    I know quite a few people who have gone back in the last year ;), and contrary to perception are quite happy with the choice they made.

    That may be so but the number of those who choose to stay/would rather stay is overwhelming compared to those who don't ;)




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  • CADude
    08-02 01:30 PM
    Thanks Andy for confirmation.

    Patterns say AOS/EAD/AP application will be moved to TSC [if your I-140 is related to TSC] but USCIS retained the Receipt date @ NSC Received date. Not sure who assign RN and encash the check? TSC or NSC. Most probably TSC. :confused:

    I received the receipt number today from my attorney

    My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
    My I 140 was approved on 27th July.

    My receipt numbers are as below, so it was moved from Nebraska to Texas

    I-485- SRC-07-230-xxxx
    I-765- SRC-07-230-xxxx
    I-131- SRC-07-230-xxxx

    Andy




    mita
    08-08 08:37 PM
    Has anyone with approval from 08/01 received welcome letter or card? My husband's I485 was approved on 08/04 but no letter or card yet. Also, mine and my son's cases are still pending, opened SR and will take infopass next week.




    decastod
    09-17 07:02 PM
    Hello All,

    I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :

    Priority Date : April 2006
    Type : EB2
    I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
    I140 approved from Texas
    Sent I485 to Nebraska. transfered to TX.
    got EAD, Case Number and Finger printing notice today from TSC.
    finger printing appointment on 10/09

    I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.

    Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.

    Thanks.



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