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  • thomachan72
    05-23 06:54 AM
    This is a letter that I sent to the compete america group
    Dear Friend,

    Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,



    XXXX

    XXXXX

    XXXXX




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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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  • TheOmbudsman
    10-26 11:40 AM
    Hi Pineapple,

    That is my favorite fruit !

    Very simple.

    1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.

    2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.

    Thanks for asking.

    The Ombdusman



    TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.




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  • starving_dog
    06-27 07:03 AM
    Another reason for optimism, read his last three entries...

    http://www.visalaw.com/blog.html



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  • skillet
    11-21 03:21 PM
    I am dumbstruck. I do not have words to express anything. May god give you enough strength to face this. Explore all the remedies. Believe in yourself. You will be fine
    Regarding GC, I think its better to consult immigration attorneys
    Good luck




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  • gcboy442
    09-11 11:01 PM
    Guys
    I got all my receipts today (Mine and my wife receipts)...My case is
    Received by J.Barrett at 10:25 AM at NSC, Case transferred to TSC on 08/05/2007 (Based on LUD). Notice Date is 09/04/2007.
    My I-140 is from TSC. I know what I went through this whole 70 day process, but as the saying goes 'There is light at the end of the tunnel'.
    Thanks IV...I owed that I pay some money towards the rally and will do that now.
    Thank You all and Good luck to those who are still waiting.



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  • chantu
    02-09 02:21 PM
    Though I have lost my contract this week and searching for new opportunity, I want to contribute $25.

    But how do you contribute $25? I can see links for $50/$100 etc.

    Thanks.

    Thanks a lot kate123.

    Grand Total - $338

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.




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  • desi3933
    06-27 02:15 PM
    These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.

    Do you know the cost of defending suit? You have to prove the statements too.

    Search for law cases in PA/NJ and you will SHOCKED to see many desi employers who have sued their employees.

    Wake up and smell the coffee.



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  • saptaswara
    05-09 09:54 PM
    Under the circumstances we might like to approach the Hon'ble President by posting a well drafted letter (not more than a page). Let us see what happens. All letters should be posted withing a specific pre-determined time frame (within one week, say from June 1 to June 7) to create an impact. We might like to achieve a target of say 250,000 letters. This cannot go unnoticed.

    The law suit option is not bad but probably would need serious consideration. The suit will have more impact if we first send the letter. Atleast then we will have a point in our favour - that we have been driven to wall with no option but to fight legally.

    As a starting point can some of us come up with some convincing drafts? We could eventually come up with a good final draft.

    Obama was the only person who did make a mention of the problems faced the legal immigrant community during the campaign. We need to highlight this too.

    Thanks and regards!

    Saptaswara




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  • GC08
    07-08 02:54 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin�s big jump. That�s my 2 cents on the matter.

    But that does address the question: if they can finish those cases in such a short period of time, how come they did not process those cases earlier? Contributing everything to communicating and planning is a stretch. They are definitely factors. But not the factors. What about wasting of visa #s in prevous several years! :confused:



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  • conchshell
    02-26 12:53 PM
    Last year we started a major membership campaign in Colorado. People kind of agreed that IV is the appropriate platform for this crusade, and they were willing to contribute money, but only if they see required transparency in the IV organization. Members of the state chapters have so far not heard about how the contributed money is spent, and what kind of lobbying took place in Washington.

    Is good to hear the cheers of "IV is our only hope", and yes in one way it is, but unless we bring required reform to IV, the status quo will maintain. That is several years since its inception : limited number of paying members, half hearted participation in various campaigns, and inactive state chapters.




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  • visli_com
    02-18 07:41 PM
    Tomorrow will be my FP at santa ana,ca , my case was nsc->csc->nsc. 2nd july filer.



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  • manishcp
    09-10 12:05 PM
    Follwoing user name person got his check cashed.
    "rajvepa"
    His appication reached at NSC 11:14AM and signed by F HEINAUER




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  • hpandey
    07-21 09:07 PM
    EAD Paper Filed TSC - 21st June

    RD - 06/23/08

    No LUD after that. Still waiting.



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  • akhilmahajan
    02-10 01:04 PM
    Did anyone do their landing recently, after filing their 485?

    Just want to see what kind of question they were askied coming back to USA.

    I am planning to do landing sometime in March. Have a valid H-1B stamp and want to do my landing before my H-1B stamp expires.

    Can anyone let me know what should i be expecting?




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  • sunil68
    12-12 06:08 PM
    :D

    Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

    This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.

    On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.

    Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.

    Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

    I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

    I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

    My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

    My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

    Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

    I am expecting my Greencard petition to arrive only in another four years.

    Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

    I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

    Some of the key provisions which would need your support are ...

    1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

    2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

    3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

    4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

    5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

    Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.



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  • GC08
    07-08 08:28 PM
    140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
    < 40K GCs were available on June 12 2007: all categories were current.

    If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

    If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

    Sounds like either way, they were wrong. :cool:




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  • abhijitp
    07-06 08:50 PM
    --
    - There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
    - Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
    - IV will organize a similar event on 14th July. We will publish details about location/route/time soon.

    Hope this is clear.

    I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!




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  • gxr
    09-14 01:08 PM
    Filed on 07/02. (NSC)
    Received on 07/03
    Checks still not cashed.
    Called USCIS. Got receipt # 09/14 (LINxxxxxxx)




    sanhari
    10-18 04:26 PM
    Can you all please try to contact USCIS/DOS/local congressman/woman with your request
    for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.




    bmoni
    05-01 12:04 AM
    ..



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