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.
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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simple1
05-02 02:25 PM
Your original question did not refer to EB1.
non-retrogressed countries with any eb(1,2,3) dependents:
====================================
I did answer your question about non-retrogressed countries earlier. there will not be a lot of diffrence for them. example: germany ebdependent (1,2,3) moving from ebquota to germany fb2a. both are current now.
retrogressed (india, china etc) countries with eb (2,3) dependents:
==========================================
I have answered this in another post. The impact will be minimul. I expect them to wait 7 years in place of 6 years now. again the primary can become citizen quickly and move them from FB2A -> FB1. That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
retrogressed (india, china etc) countries with eb1 dependents:
==========================================
yes, there will be a longer wait (they will not get current special treatment. they will be sharing FB2A-country-specific-quota with eb2-samecountry dependents, eb3-samecountry dependents, and other fb2a new and existing, etc) . That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
Dont you think that is were they rightfully belong ?
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
non-retrogressed countries with any eb(1,2,3) dependents:
====================================
I did answer your question about non-retrogressed countries earlier. there will not be a lot of diffrence for them. example: germany ebdependent (1,2,3) moving from ebquota to germany fb2a. both are current now.
retrogressed (india, china etc) countries with eb (2,3) dependents:
==========================================
I have answered this in another post. The impact will be minimul. I expect them to wait 7 years in place of 6 years now. again the primary can become citizen quickly and move them from FB2A -> FB1. That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
retrogressed (india, china etc) countries with eb1 dependents:
==========================================
yes, there will be a longer wait (they will not get current special treatment. they will be sharing FB2A-country-specific-quota with eb2-samecountry dependents, eb3-samecountry dependents, and other fb2a new and existing, etc) . That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
Dont you think that is were they rightfully belong ?
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
GCcomesoon
06-13 10:36 AM
Did your other set of checks cashed yet?:confused:
Nope, I haven't got the receipt nos for one set of checks yet, I guess people filing with TSC are getting receipt nos & also the notices.I know few friends of mine got thier notices too
Thanks
GCcomesoon
Nope, I haven't got the receipt nos for one set of checks yet, I guess people filing with TSC are getting receipt nos & also the notices.I know few friends of mine got thier notices too
Thanks
GCcomesoon
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imconfused
07-08 11:22 AM
no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
i agree.. thats being professional and ethical..
If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.
i agree.. thats being professional and ethical..
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skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
485Mbe4001
10-27 02:10 PM
I agree with you on this kaka. I heard Ed Royce speak yesterday on how the house forced the fence bill without amnesty and how they plan on killing that bill. He even talked on on how they managed to force the president to have a pulblic ceremony to sign the bill instead of a small private one that the white house wanted. There is little hope that he and people like him will ever vote on anything that supports our requirements, even if the democrats win the house they will need lots of republican support to pass anything. Skill will always be linked to CIR.
Dont worry . it is not going to pass
Dont worry . it is not going to pass
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TomPlate
07-05 09:40 AM
Received at Lincoln, NE. Sign by Santda backin Kulcha at 12:00 AM on Sunday night.
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hiUS
09-19 10:04 AM
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
As I discussed earlier in this thread, Mine are the same dates as yours and two minutes ago I got the email of Card Production Ordered. It's been more than a month I got the Approval Notice. It seems atlast they uploaded my and my wife's Biometrics from CSC.
I think my call to IO paid off. After trying couple of times I got in touch with a decent IO for 3rd time. She said that Biometrics are missing and she will upload them from CSC. Three days after the call I got this message.
8/12/08 - Approval Notice sent email
8/18/08 - Approval Notice sent mail (post)
more...
GCard_Dream
12-11 12:38 PM
Well.. may be that's the dose of reality core team needs to give to its members and that may wake up non-contributing, non-helping, and just log in to check status type of members. Just come out and say that we are too small of a group with very limited resources and influence on the capitol hill and we can't get any of our goals including non-controversial ones passed unless we have at least XXX number of members and X dollars in contribution. At least this will set the facts straight and members won't have a false expectation on some of these non-controversial measures.
Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.
All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.
So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
Once that is clear, may be folks who are staying back or hesitating in terms of either contributing or supporting IV in membership increase will realize that it's either time to act or preserve the status quo.
All I am saying is that may be we should make the reality on the ground and rules of engagement clear to all members/non-members so that they can all set only a reasonable amount of expectation from IV under the circumstances unless something drastically changes like the membership or the contribution.
So far, we have piggy-backed on CIR and SKIL both of which were to a large extent driven by corporate interest. If you take these realities into consideration, provisions like 485 etc are not low hanging fruits any more, because we no longer have a stool to stand on. Given the infamous intertia of the lawmakers, introducing our own independent provisions will take a lot more than a membership base of around 6-7K, a contributing base of around 2k and a free-riding/blissfully ignorant base of 900k+.
Unless we become a truly representative organisation of prospective EB immigrants, we cannot take on the combined might of the anti-immigrants and the H1 thristy corporates. Not to be negative, just giving an alternate opinion.
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ub27
07-29 08:53 AM
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
more...
rbharol
10-17 01:49 AM
IV
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?
NUmbers USA are asking members to send this fax to their representative...
====
Dear Representative XX
I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.
Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.
Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.
Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.
Anti Immigrants will keep doing what they are doing and they have been doing it for long.
They have to give strong argument in favour of their claims.
Somebody can't just say we don't like the color of their skins so we do not want them here.
Let them present their views to the lawmakers and lets do our part.
I do not really like the idea of posting NumbersUSA posts here.
I do not mean to offend you.
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vishage
09-28 03:48 PM
Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.
Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.
Hi chunky,
I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.
more...
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gclongwaytogo
10-16 05:06 PM
i called uscis and they gave me the rns for ead and 485. but not for ap. they didn't provide any rns for my spouse as not present in the call. checked the money orders at bank...it was not cashed yet....anyone similar!:confused:
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zj142
07-08 09:12 PM
she is so good at changing topic and avoiding the critical truth
more...
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arihant
05-02 11:23 AM
Does section 201 mean that those with advanced degrees from US Universities are exempt from the 3 year requirement? This clarification is critical because of the 3 years in the RELATED field clause. I do not believe any of the other bills incorporating similar provisions have made this distinction for US advanced degree holders vs advanced degree holders from other countries. I believe all other bills impose the 3 year RELATED field restriction for ALL advanced degree holders.
If the 3 year RELATED field clause does not exist for US advanced degree holders in STEM, it would give relief to many members.
Kindly clarify.
If the 3 year RELATED field clause does not exist for US advanced degree holders in STEM, it would give relief to many members.
Kindly clarify.
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RandyK
11-21 02:45 PM
Mehul,
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
more...
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mrajatish
05-02 11:37 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
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delax
07-27 01:48 PM
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
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vinabath
04-24 09:45 AM
In ideal situation Desi employer should provide value rather than just scrape money as revenue sharing mechanism.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
If a desi employer can go and get projects and becomes preferred vendor, he would not even do H-1s. He will use a Sub. Believe me H-1B visa is a pain in the ass even for the employer too.
There is a reason desi employers exist. both the desi employers and desi employees pick the best possible scenario/solution with respect to their situation.
my2cents
05-23 09:07 AM
You can not really change point based system and u can not ask for that..they are the policy makers..they are responsible for there own country.
We should only ask
- Clear the backlog for EB people as FB without country quota
- Allow all backlogged people to continue on old system (h1b renewal/3 year extension until date of enactment.
If all backlogged is cleared then for merit based people..
- There is no LC or PERM..u can file adjsutment of status just as canada or Australia. ur PD will be current as backlogged is being cleared.You can continue to enjoy AC-21 after I-485.
- You don't need H1b renewal 1 year or 3 year..
"FOUCS ON CLEAR THE BACKLOG FOR ALL PEOPLE WHO ARE PENDING AS OR BEFORE ENACT THE LAW"
in BTW i called the senators.
We should only ask
- Clear the backlog for EB people as FB without country quota
- Allow all backlogged people to continue on old system (h1b renewal/3 year extension until date of enactment.
If all backlogged is cleared then for merit based people..
- There is no LC or PERM..u can file adjsutment of status just as canada or Australia. ur PD will be current as backlogged is being cleared.You can continue to enjoy AC-21 after I-485.
- You don't need H1b renewal 1 year or 3 year..
"FOUCS ON CLEAR THE BACKLOG FOR ALL PEOPLE WHO ARE PENDING AS OR BEFORE ENACT THE LAW"
in BTW i called the senators.
rahulp
09-10 06:20 PM
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
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