Gravitation
04-22 08:23 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
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cmugrad
10-04 09:49 AM
I found out the receipt numbers from check image. The details
EB3- Nov 2004 (PD)
Labor - Approved Feb 2007
I-140 - March 31 2007(Pending)
I -485 - August 15 2007 (Received at NSC)
Receipt Date - September 28 2007
Didn't apply for EAD/AP
EB3- Nov 2004 (PD)
Labor - Approved Feb 2007
I-140 - March 31 2007(Pending)
I -485 - August 15 2007 (Received at NSC)
Receipt Date - September 28 2007
Didn't apply for EAD/AP
indigo10
09-09 05:49 PM
I read this as a status message of a CEO sometime back on linkedin:
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
Good quote, well said...
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
Good quote, well said...
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phigi
02-14 10:37 AM
$50 Transaction ID #91W14461V8508110F)
more...
Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
shsk
08-01 03:06 PM
Applied for EAD on June 08 2008
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
Got approval on July 21 2008
Got EAD on July 31 2008
Two year EAD with Expiry date of 10/02/2010 (My first EAD was expiring on 10/03/2008
Spouse got EAD one day before.
I-485 Category is EB3
more...
mygoodluck
08-13 05:38 PM
^bump^
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sankap
07-10 02:55 PM
Did you see I said "legally speaking?" If our attorneys answered Yes to the question you mentioned, then according to you they all lied, since "no H-1B job is permanent!"
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
more...
man-woman-and-gc
09-15 11:43 AM
Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......
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joydiptac
07-21 04:02 PM
I am not interested to pursue this, nor do I have the ability to lead this effort. Plus I am very happy with the effort and the work IV is doing. Which is not for a specific category but a more general appeal. I support that.
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
But for those who are interested - EB3 (India and ROW). The way USCIS is interpreting the law of spillover, can be easily challenged, because this goes against the spirit of the law. If EB2 and EB1 were to be given special preference at the I485 stage, then clearly they would have been allotted a larger quota to start with. should be a strong enough case for a Class Action Law Suit. Looking at the times that some people have been waiting and are expected to wait this is clearly an option to try out. IV or without IV. :)
more...
snelakan
06-13 11:04 AM
Hey all,
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
Got the receipt notice today...
Application date 06/01
RD 06/05
Service Center - NSC
My lawyers received the receipt number through mail. You guys should be getting is soon.
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bomber
07-20 12:26 PM
making our first campaign(revision of VB) successfull. As you mentioned that we need to continue this fight even if one has recieved there green card. For those who got, need to remember the pain they went through and that of other's who are going through it now! This blackbox of Employment based Green Card process needs to be more fit towards the high-tech century when everything else is.
Once again congratulations! and good luck in your future endeavors
Wow ! Did Aman get his GreenCard???
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Once again congratulations! and good luck in your future endeavors
Wow ! Did Aman get his GreenCard???
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
more...
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sparklinks
09-02 03:29 PM
I filed on June 18th (RD) and I am still waiting...current one Expires in 3 weeks. Any suggestion what I should do.
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dpp
07-05 09:29 AM
My application reached on July 2nd, 10.25 AM. Signed by J.BARRRET.
more...
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sandy_anand
02-18 02:41 PM
transaction ID for this payment is: 1V923300P24635823.
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
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gagbag
07-11 01:02 PM
http://www.ilw.com/articles/2007,0710-lee.shtm
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coolstonesa
05-03 07:04 PM
Compare this stupid, never ending GC process with the Canadian one. Back in 1996, I got my Canadian residency in 5 months when I applied from India. Within 3 yrs i.e. by 1999, I got my Canadian citizenship. I know Canadian GC process takes more time now but it is quite straigtht forward and you can self sponsor.
I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.
I wish someone can understand our sufferings/ pain.
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.
I wish someone can understand our sufferings/ pain.
I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.
Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.
Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.
All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.
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smitin_2000
09-09 07:19 PM
visa bulleting indicates what is going to happen to EB3-I for 2009-10 year, in next 3-4 months it will again become U, with date around Nov'01, and that's it, unless CIR get passed (don't know when........) with some urgently needed fix for EB category, it is hopeless atleast for EB3-I folks
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lkrastogi
07-07 10:12 PM
I think we should have a poll for DC rally and it should be on IV home page so that every visitor know about it and poll.
sledge_hammer
04-22 08:02 AM
The news is terrible...
But I admire the courage he showed during his difficult times.
I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.
ArkBird, any ideas how we can help?
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
But I admire the courage he showed during his difficult times.
I agree with you dealsnet. We, the members of IV, should take up this issue and try to help his family.
ArkBird, any ideas how we can help?
We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.
eb3retro
01-31 12:25 AM
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?
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