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  • raj2007
    04-23 02:46 PM
    hi all,

    Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........

    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).




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  • vkrishn
    08-25 04:48 PM
    I got a response from Tier2 officer that there are no Visa numbers available. She was pretty pissed that there hell a lot of indians calling and was close to making it racial. She read from a report that DOS sent to USCIS (page 31 is what she quoted) where she said there are no Visa numbers available. I am assuming its for this month.




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  • pcs
    03-08 07:11 AM
    I strongly encourage you & your friends to do this.. I gurantee you... you will be less stressed & will no longer be helpless.

    Remember.... you are not alone .... we are all with you in everyway....


    Best of luck




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  • sam2006
    07-19 07:58 PM
    Could you please let us know hwo to do it ?

    I think Admin Can do it

    Making it sticky the post always shows up in the top



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  • sina
    08-01 01:45 PM
    In the same boat and waiting.
    _____________________
    EB3 PD: May '06
    I-140: Aug '06 (Filed with NSC and approved from TSC)
    485 Filed - July 6th
    LUD on I-140- 07/28/2007




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  • logiclife
    05-03 12:56 PM
    Dish,

    Everyone here on this forum understands the frustration of H4 limitations.

    However, to say that IV has not done anything beyond media publicity is far from truth.

    I hope that you read the "Amendments" link on the homepage(top).

    These amendments sponsored by Sen. Brownback and co-sponsored be Sen. Alexander and Bingaman DID NOT HAPPEN AUTOMATICALLY.

    And they did not come from other organization or lobbying firm. They were introduced to the comprehensive bill on April 7(Just before recess) SOLELY due to efforts of IV, QGA, AAPI and the good staff at Brownback's office.

    I have to point this out because by saying that "IV has not done anything besides media publicity" is not true and it discourages people who have spent hundreds of dollars of OWN money to travel to Washington DC and lobby for these amendments. On top of that, core group members HAVE taken UNPAID TIME OFF FROM THEIR WORK to travel to DC. These things are not easy to get done. Unfortunately there is a partisan env now in Senate and the Comp bill's future is uncertain but had that bill been passed in Senate, it would have had amendments that come from nowhere else BUT Immigration voice.

    So please be kind to the group and have patience. H4 applicants have a bad situation, but there are some in our membership who have been laid off after 6th year and are looking to go back to India as their current employer would withdraw the pending labor. So these guys are GOING BACK to country of origin along with their H4 SPOUSES. Things could be a lot worse and one should be mindful that everyone has problems in their lives.

    thanks.



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  • yadav
    08-29 10:04 AM
    My I-140 was approved by NSC in feb 2007, and my I485 was delivered on aug 10 to TSC.
    1. Does anyone think that my case might be transfered to NSC (since I140 was approved there).
    2. Can i file for AP without getting recipt for 485 (instead of recipt i am planning to attach the fedex delivery notice)
    3. Is there any way i can find whihc center is having my application.




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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.



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  • chanduy9
    07-03 12:54 PM
    I think any flower is good, if we run out of the same..just an idea.




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  • tonyHK12
    02-25 09:34 PM
    Your transaction ID for this payment is: 1KJ77263D2760803K.
    Just contributed another $50 feeling better.

    thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
    So its up to us to work extra hard to achieve things that will benefit 500,000 people.
    Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.

    Here's the facebook link:
    Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
    .



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  • sonia_sd
    02-07 08:28 PM
    he is not saying he hates india, but politicians. Hope you understand plain english !



    But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.




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  • vshar
    07-22 09:44 PM
    I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.

    To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."

    Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.

    EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.

    I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.


    You are not man but superman.



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  • Jimi_Hendrix
    12-11 10:43 PM
    If you know what I mean.




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  • FrankZulu
    08-25 12:39 PM
    Folks

    Can anyone advise on what docs to take along for an Infopass appointment?

    The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.

    Thanks for any advise and guidance.

    Photo ID (Lic. or PP)



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  • bobzibub
    05-23 07:06 PM
    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    <your name>




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  • gsc999
    07-07 08:57 PM
    Did this rally on 7th July in San Jose happen? Any updates from folks who were there?
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mitbbs.com had initiated this 7th July march. Due to short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happened to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible to get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions



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  • kumjay
    06-26 03:01 PM
    Desi 3933 ...get off his butt, didn't he say that he was wrong ! You are annoying.

    So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
    GREAT!!! I hope you are not filing your I-485 application yourself.

    What is the Current Employment Letter has to do with I-485?

    Good Luck.




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  • sunty
    08-18 01:30 PM
    In my humble opinion USCIS cannot be sued for NOT following their own guidelines. Thats the difference between guidelines and laws...But again I am not a lawyer.




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  • jsb
    09-01 11:42 PM
    It is possible that check depositing staff also has there own back log. Once, application and checks are accepted, EAD can be issued, but check depositing staff may be slow in their work.




    pa_arora
    07-09 02:44 PM
    One more...

    Just a reminder..

    Make and take some big posters (small with BOLD letters would help) with you...just the gathering wont help that much unless we have some big poster in hands. This would help if we are pictured by media.




    maverick_joe
    05-02 03:51 PM
    go EB3 go!
    its high time they moved the dates in the next bulletin..my prediction

    EB3 I - Nov 2002
    EB3 ROW - Dec 2006



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