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  • NKR
    04-23 09:26 PM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.

    Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.

    When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.

    "Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.


    Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.




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  • laborchic
    07-06 04:41 PM
    How about sending the flowers to many people rather than sending it just one person???

    If 200 different people in DC get flowers then it will definitely create a larger impact than sending it one single person. .. Atleast thats what I think ...


    We can very well send them to White House as well.. I know president responds to them with a nice autographed picture of himself alongwith first lady..




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  • Santosh_gc
    06-25 05:23 PM
    I am sorry to say this but I am not at all surprised that CIR may not pass. Every American I know has called his/her Senator to tell them that they wont vote for them if they vote for amnesty. And that is expected since all they know about CIR is that it is an amnesty for illegal immigrants. I would have done the same thing if I was in their shoes.

    I dont know if I should be happy or sad that CIR will not pass.

    I am sad since this will affect legal people waiting to get their EAD card and other such issues that IV is fighting for.

    I am happy because illegals will not get amnesty. That would be a slap in our face. It would have also led to the meltdown of the immigration machine which cant handle the current workload without bungling it up.

    Maybe the failure of CIR will let us redirect our our efforts so we focus on a bill which specifically addresses the issues of LEGAl immigrants and we dont get tarnished by the illegal immigrants issues.

    santosh




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  • hebron
    07-08 08:46 PM
    If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.



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  • skd
    07-10 05:36 PM
    Any Rallies near Portland Area ?




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  • 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.



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  • actaccord
    02-01 12:41 PM
    to create forum like this and get people who complains about India and slowly work on fixing it one by one. Hope our kids get to enjoy without (or with very less) complaints.

    PS: If I want to fix anything, 1st I would work on fixing the education system. My kids will start screaming (bcs of bad experience they had) the moment I say "You will be moved to India school shortly".


    I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.




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  • ram_nara303
    11-17 03:44 PM
    Done for VA

    Senator Mark R. Warner (D-VA)
    Senator Jim Webb (D-VA)
    Representative Frank R. Wolf (R-VA 10th)



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  • amits
    07-20 06:40 AM
    I'm in ... $100 from my side.

    We're lucky that IV leadership is so devoted to 'our' cause. There would be very few individuals in this world, who can even think of selling their house for benefit of a group. Hats off to Aman!!! You're a hero, sir!!!

    Now here is our leader selling his personal house for a collective good, and here we are.... a group of 21000 and not more than 2000 (optimistic figure) are contributors... A big shame!!

    Those who got benefited by selfless efforts of Aman, and core team, but still did not contribute ... do you have any explanation for 'yourself'?

    It's not about $10, 20, 50, 100 .... A person is ready to sell his house for your cause and you can't even make a small contribution in your own cause.

    Those who are not contributing, and some who still have doubts, just read numerous media reports of praise of IV and how IV was instrumental in the outcome of July 2nd visa mess. And then..

    Just stand up in front of a mirror and ask yourself - is your inaction justified? Is it your pocket that does not allow you to contribute or it's just moral poverty that doesn't let you do it? Is it justified to just 'wait and watch' how others fight for you, and when it comes to reaping the fruits.. you'll run to be first in line.

    Is it not the time that you come out, listen to your antar-atma (inner soul) and contribute something for your own fight....?

    _______________________________________________
    Contributed $550, includes $50 recurring from july 2007.
    Pledging $100 for this thread.




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  • leoindiano
    12-16 08:06 PM
    I am from North Carolina as well. No FP yet...It could be something to do with NC local office.....

    texas-vermont-texas cycle...application date August 3rd.



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  • desi3933
    06-29 08:51 AM
    The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.

    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.




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  • arihant
    05-02 11:44 AM
    nk2006,

    I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.



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  • GCStatus
    09-14 02:36 PM
    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff

    Chandu - I understand where you come from with your vast experience here. Like i mentioned i am totally new to this site and i am not JUST opening a thread. WE are going to do it. If making the 70k talk is joining the chapter, so be it. Nothing stops us.

    Wouldnt have opened the thread just for the heck of it.

    Next step is to collect personal informations, see who are nearby meet them in person, arrange conference calls, let the ball rolling




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  • minimalist
    01-30 08:31 PM
    don't have the guts to take care of anything person to person. That will only go to show how right the right things you do are. Do you know how a person that never does a wrong thing ( "I always do the right thing regardless of the time or place") threatens that he will bring people who do not belong in the conversation to the conversation to show how capable he is.
    So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"

    Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.

    To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.

    You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
    to continued stay in US.





    And this response is for you minimalist:

    I don't have to call you names on this forum, I can send you a pvt. message cussing at you like there's no tomorrow There is going to be many references to your monther, dogs, their reproductive organs, some more references to your sisters, and all the female members of your family. You are not going to like what you'll read, but that's what you get for calling me names.

    Coming to your point: Who are those people that are facing legal action again? And you're telling ME, that I dont have compassion? Compassion for who? For someone who has faked resumes, filed for H-1B visas w/o a job offer? And why do you think they deserve compassion?



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  • reddymjm
    06-13 11:31 AM
    My attorney told me that they sent my case to USCIS through FEDEX overnight on 6th June. My check is not cleared from my bank yet. I am concerned about my RD. Any idea?
    If it is NSC they are still working on 6/1/07 cases. Relax...




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  • ksam75
    07-02 10:33 AM
    Just called FedEx to find out why mine is not delivered yet. According to her, all USCIS packets remain at local FedEx facility. It seems FedEx will notify USCIS that there are packages to be picked up and they will be picked up by the USCIS agent (mail man??). It seems USCIS dont actually allow packets into their bldg. She says FedEX has no control on when the USCIS agent will come and pick up the package



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  • sunny1000
    12-15 11:26 PM
    See the answers and hope my answers do not depress you.

    I don't know why what (s)he has done to India or U.S or any other place should be any of our business? What has that got to do with his/her depression about not receiving GC? Why is that as soon as someone poses a simple question, people tend to get on the moral high-horse? BTW, the poster never said (s)he is going back yet.

    2: just don't lose hope. Your day in the sun will come. I am kinda in the similar situation as you are too (came in 1999, PD of 2002, was in the labor backlog for 5 years...). Just keep your chin up. As someone else said, you are getting closer to your GC.




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  • sreeni78
    11-18 08:54 AM
    Sent it to MI senators and my congressman.




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  • hiUS
    10-03 11:05 AM
    PD 2002 Sept EB2
    RD 2007 Mar
    I-485 Approved Oct 1 2008
    Service center NSC->TSC (Approved)

    If you have any emergency to go out of country or to change jobs, you can get your passport stamped by taking an Infopass appointment or you can request IO to upload the Biometrics to TSC. you will get the card in 10 or 15 business days after uploading the biometrics. either way your GC is approved..so no worries.

    My answer is depending on my experience with GC.




    Mehul
    11-21 03:40 AM
    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul




    SGP
    02-18 05:46 PM
    Just did a small bit by contributing $50. Receipt number for this payment is: 2601-6131-2153-7368. Just started up with a new company so cannot guarantee my presence, but will try my best to make it to DC.
    __________________
    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved



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