Tuesday, June 28, 2011

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  • 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?




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  • anzerraja
    07-20 12:54 AM
    Thanks Very much SS_col !!!!

    Count me in for $100. Have contributed to IV before as well.




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  • shantanup
    03-29 07:03 AM
    To allot a GC or Immigration is a leanthy process includes several steps so it takes time to pass through all these steps. After validating and checking all the documents the GC is alloted
    so the process takes time.

    So naive!




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  • kawosa
    08-31 07:34 PM
    Congrats.. You made it

    hope you and all EB3 guys hear some good news soon... i know it must be hard to see EB2 with later PD being approved while you still wait.. and wait... and wait.....



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  • delhiguy79
    07-31 09:52 AM
    Anybody done recently Canada Landing and H1 Stamping together, please share experiences.

    Thanks in advance.




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  • spulapa
    02-02 10:50 AM
    Just curious...WHAT CULTURE R U TALKING ABOUT?

    1. 2G scam --- Our culture
    2. CWG scam --- Our culture
    3. Adarsh Housing society scam --- Our culture
    4. Land acquisition in states like K'taka and Andhra --- Our culture
    5. Gang rapes in Delhi --- Our culture
    6. IPL scams --- Our culture
    7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
    8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
    9. North Indians treated as aliens in Mumbai --- Our culture
    10. Hordes of muslims killed in Gujarat --- Our culture
    11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
    12. Mining scam in K'taka and Andhra --- Our culture

    The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.

    Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
    Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.

    All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.


    I couldn't have agreed with you more...When I meet people and they say Indian Culture is great, India is Gr8, the life here is boring and kind of nonsense I don't understand Y they are here of course for better life and money. Then Y keep on complaining about the things in life..no body is holding back others to stay here.

    I really don't understand what culture they talk about....

    @least here I don't need to bribe of simple things like getting my DL license, House registration, Going and meeting a senator, legislative. I don't need to explain to 10 people around my house if I go out and come home late night. These are just a few... I'm 100% sure I would not spend as much as time I spend with my family now excluding the weekends. I can't imagine going early in the morning at 7.00 and coming back home at 9.00 PM watch TV, eat and get to bed. On top of that go to work on weekends deal with relatives, neighbors, colleagues etc etc. Of course How can I forget the CASTE SYSTEM which is becoming as some people call the nation has developed. I cannot imagine my kids growing i the environment where CASTE SYSTEM is so prevalent.

    Well that is me and everybody have their own opinions. And good luck to all you want to move or stay.



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  • man-woman-and-gc
    09-17 03:47 PM
    Lets not waste our energy on those who don't believe USCIS has done anything wrong or are content with the current state of immigration....lets focus on getting more and more support to this movement.

    Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.

    I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.

    All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!




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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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  • bindoke
    08-20 01:18 PM
    Buddy i am in the same boat :)




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  • Amitdon
    08-31 11:55 AM
    Can someone guide to start new thread ?

    I know this is wrong thread but I need to ask somewhere.



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  • SunnySurya
    08-18 01:10 PM
    Not sure what IV core can do here. Can people contact their lawyers to speak to AILA about this...
    I think IV core shud take the matter with USCIS or the concerned people.




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  • asdqwe2k
    07-02 03:15 PM
    Your greed got you...



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  • pappu
    05-13 03:53 PM
    Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.

    There is a donate now button at the top of each page in the forum. Once you contribute /sign up for monthly subscription you will get access to the donor forum on monthly basis and your status will change from member to donor.

    By becoming the donor,
    - You will gain access to IV plans and updates.
    - You will be able to easily communicate with IV leadership.
    - You will be given access to IV conference calls and participate in the discussions.
    - If your own application is in trouble and you are in a desperate situation and you have tried all other avenues, you can contact IV if you are a donor and IV will contact USCIS for you and try to get the problem fixed.
    - By being a donor you are helping IV continue this effort that benefits the community.




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  • alterego
    03-07 03:54 PM
    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.

    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.



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  • sankap
    07-10 06:27 PM
    Chandu,

    I've no problems you or anybody else challenging me--we're all (mostly) scientists/engineers here, so making assumptions based on observations, and challenging them, should be the first step toward creating a hypothesis (http://en.wikipedia.org/wiki/Scientific_method). But science seeks evidence for those assumptions. Staying clear of traps like fallacies (http://en.wikipedia.org/wiki/Fallacy) should help.

    Ok, i am not challenging you or your interpretations. I am looking into all options.




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  • 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.



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  • wizkid732
    08-23 12:02 PM
    Hi Guys got a senotors response. Did anyone get a response like this. What does this mean? Appreciate your feedback..

    �This case is currently in an extended security review area. I contacted this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time.�




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  • gcsucks
    05-04 02:31 PM
    Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.

    Correct me if im wrong.




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  • simple1
    05-08 01:39 PM
    Guys,

    VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

    Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

    I need IV Core help for this.




    satishdasari
    09-05 10:22 AM
    FYI...
    My attorney sent documents to NSC on July 2nd 10.30 AM
    Transferred from NS --> TSC with receipt date Aug 29'th.

    My cheques were cashed on Aug 29th. Have not received the receipt numbers physically by psotal mail.

    My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"

    Thanks




    alex99
    07-02 09:51 AM
    Sent on Jun 30 to reach on 2'nd July.



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