Tuesday, June 28, 2011

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  • sanjeev
    06-22 01:50 PM
    A Employment letter is mandatory for I-485, the letter has to state that the job position is still available. Refer the below link from USCIS website

    http://www.uscis.gov/propub/DocView/afmid/dat/I_485.PDF

    Well, just say that you will bear ALL expenses associated with filing I-485. That way the only expense for the employer will be a few cents to photocopy and give you the approved copy of I-140.

    If you can get the employment letter as well, that's awesome. Otherwise, just use two recent pay stubs. And for those who are going to jump in and say, "No, employment letter is absolutely required...", well, it is not. It's good to have one in case USCIS want it, but not mandatory.

    Thanks,
    Jayant

    P.S.: I am guessing the net financials of your company must be $5000/year otherwise I don't see how paying for your I-485 affects the company's bottomline! :-) Of all the BS, this excuse is a winner!!




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  • sam2006
    11-21 01:23 PM
    Lets us all Pray and hope for the best for Mehul




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  • GC_wait_forever
    11-21 02:40 PM
    ....




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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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  • smisachu
    12-01 12:07 AM
    Mehul- Very sorry to hear your situation. All our prayers and wishes are with you.

    I am pretty sure you have investigated all options, but don't give up hope and most of all don't get beaten down. Keep the sprits up. A happy heart and mind can cure what medicines cannot.
    When the going gets tough- the tough gets going.

    Enjoy with your family. Do what is right by them. Wish you happyness & health.

    GOD BLESS.



    Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.

    Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.

    Thanks again for all you help. You guys really made us feel we are not alone.

    Good luck and Good Bye.

    Mehul




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  • niklshah
    08-08 08:50 PM
    Last night got a message welcome notice sent.

    Today message changed to ( the dates shows yesterday)

    Current Status: Card production ordered.

    On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Congratulations all of u who are receiving card production emails but dont forget IV donate if u can......it will help others in line in which u were also waiting............thanks guys and cheers......



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  • mqualique
    05-01 02:22 PM
    My good faith best understanding is FB2 is not far behind. please refer VB.

    Even though right now FB2 is not far behind the gap will progressively increase due to post given below. Consider 2 glasses half full. If you pour 50% water from 1 glass to another 1 glass will be 75% full(EB) and other glass will be 25%full(FB).

    Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.




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  • number30
    05-04 09:30 PM
    Hello Sir,

    While opinions are good and welcome. My requirement is to see the exact INA language.

    I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?

    Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.

    Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.

    I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?

    Thanks

    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.



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  • GCStatus
    09-15 04:28 PM
    Is it possible to hard wire this thread?

    No reply from ADMIN yet?




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  • lutherpraveen
    10-14 09:27 AM
    Processed at NSC.
    WAS IT ALSO A LIN#? I AM PATIENTLY WAITING......HOPING TO BE NEXT.



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  • fightnow
    07-06 07:13 PM
    Police will be there to keep things in order. No permit is issued but some registration has been done at the police department. All must stay on sidewalks! See rules in previous post.
    The timing was not so good. I post earlier talking about this event but did not attract much attention.
    One concern: people will lose their anger and get used to it in one or two weeks.




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  • gc_lover
    07-02 08:39 AM
    Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.

    Anyone know if they accept packages on Saturday?



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  • arunmohan
    09-14 06:20 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)




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  • paskal
    07-09 12:06 PM
    140K are never available on Oct 1
    27% are = 37,800
    and country limits determine individual cutoffs



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  • gimme_GC2006
    07-05 01:01 PM
    There is a website which is tracking all desi employers and their leelas

    http://www.h1bmates.com



    oh..btw, I am not related/concerned/affiliated to this website. I just found it by google search..




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  • green_card
    05-24 12:29 AM
    I made phone calls to all (10 + 2) successfully left messages for 8 but the following 4 had issues,

    Sen. Cornyn's and Sen. McConnell's office phone systems do not direct you to a voicemail system (I was calling after office hours so I couldnt speak to someone either), and,

    I get a 'voicemail machine full' message from the Reid and Martinez offices.

    Wonder if anyone else has faced the same problem.

    Will try those 4 again tomorrow

    V



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  • shyamkishore
    02-09 09:26 PM
    Dear IV Guys,

    I have been a passive observer of this forum.

    I have done one time contribution of 100$.

    Here are the details:
    Payment details
    Transaction ID: 57T11728MH365274A
    Item Price: $100.00 USD
    Total: $100.00 USD
    Order Description: Contributions
    Item/Product Number: Contributions
    Buyer: Shyam Kishore Kuppu Rao

    Regards,Shyam




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  • gccovet
    02-10 09:47 AM
    Folks,

    Sanjay and I are going to contribute additional $25.00 each as soon as we reach $1000.00, and will keepon contributing $25 for every $1000.00 collected.

    We need about $81.00 to reach to $1000.00.


    Only 26 contributors so far..... out of 20k-30K strong members!!!!!!!!!!!
    buck-up IVans

    GCCovet




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  • dealsnet
    03-26 10:58 AM
    Nma check is history now. After filed I-485, and 180 days passed, name check is not a factor for GC. If your NC is pending, still they issue you a GC.
    Are you not reading news papers???????????

    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2




    Vysh
    08-27 11:15 AM
    My husband's case was refiled on July 31st. The checks have not been cashed yet.

    Please update if anyone else's checks have been cashed around the same time.

    Vysh




    jkays94
    06-26 02:02 PM
    Unfortunately no community is safe from that irrational attacks of racism!
    If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
    blaming Argentinian coach/ naturalized players on Football World Cup elimination!
    Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
    Unbelivable!

    Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.



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