Thursday, June 30, 2011

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  • 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




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  • delhikadesi
    11-22 02:00 AM
    I hope and pray for you, and your family.
    Wish I could do something more then praying and writing this post.

    This community is of strong people, incuding you, I hope our prayers should work.

    good luck....




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  • gsc999
    07-07 12:21 AM
    I am impressed with the Chinese!

    Ask the Chinese (and everyone else) to stay tuned (and join) your meet whenever it takes place!

    BTW, thanks for getting rid of msyedy! What a relief without the spectre of msyedy!
    ---
    - Macaca, yes, I will do that.
    - I am thinking about approaching Phillipino organization for their help to gather more attendees. If any Philipino member is reading this or a Registered Nurse, please provide me with a contact in Bay area. Chinese, Philipino and Indians are the most impacted nationalities.
    - Last time in San Jose, during Guttirez meeting, I met a family from South Africa. Please stay tuned if you are reading this.
    - I know we have members from Britain
    - It would be great if we can showcase a multicultural group
    - Please call out if you feel left out and have contacts in Bay area.
    - During the march which is tentative for 14th July, I will have some T-shirts with Immigration voice print. I would like to auction them to provide funding to IV. ( Pappu, please let me know if this is a good idea? If yes, let me have a design print in case you have one handy, otherwise I will go for plain and simple)


    ps: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?




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  • eb3_nepa
    08-18 01:37 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.

    I am sorry SunnySurya but this issue DOES concern me. If everyone starts asking the IV core for their time just for their own issues, what about the rest of the community?

    If you expect the IV core to dedicate it's time JUST for a particular secction of people, then you need to justify that demand.

    In your opinion, EB3 is a LOWLY category as compared to EB2. So it is not enough that Nurses feed from it and just about EVERYONE else feeds from it. To top it off, overflow from eb1 goes FIRST to eb2 and then (and almost NEVER) to eb3. SO Eb2 gets a fair chunk of the greed cards, and over and above that you now want the IV core to further drop everything else and help JUST eb2 out? And who should make this demand? None other than someone who is trying to BREAK the community up into Eb2 vs Eb3.



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  • mirage
    03-06 06:09 PM
    You wouldn't have felt that way if you were EB-3 India sittinig for last 8 years, reading Visa Bulletins every months, just to find it still in Oct'2001...And if you ask USCIS what's going on they ask you 5K.
    Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)




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  • abq_gc
    08-19 12:11 PM
    USCIS has invented a very nice random number generator. They use it for every purpose

    1. To declare visa bulletin (canbe any day of the month)
    2. To decalare processing times (can be again any day of the month)
    3. Processing times themselves (can be anything)
    4. Processing order (can be anything)
    5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
    6. Answers from Service Requests
    7. Answers from Infopass appointments
    8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
    9. ..the list goes on and on (feel free to add please, I think there is no limit).

    Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability

    random generator wont work here.. as they are playing with millions of lives here.... everything has to be done by the book..



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  • EndlessWait
    10-08 12:32 PM
    Action item for IV, besides visa recapturing etc. Its one of the items they
    should add to there agenda.




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  • roseball
    07-10 06:30 PM
    I would try to contact FM 104.9 and AM 700 in Dallas both radio stations are delivering programs in Hindi and Urdu and to the extent very popular in SOuth Assian community. I would update here about my efforts.

    The radio station is called "Radio Salaam Namaste"....

    http://www.radiosalaamnamaste.com/Web/index.php



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  • a2006
    05-02 01:20 PM
    non retrogressed countries: The delay will be none (normally) / fewmonths (worst case ) as both their eb and fb volumes are minimal.

    Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.

    Plus it is fair to interpret the law as it is.
    I think the FB2A category has a cutoff date of 08OCT04 according to the current bulletin.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html




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  • TomTancredo
    11-26 02:53 PM
    I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.

    I have copy of that letter but it mentions the title and salary no job desc.



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  • ArunAntonio
    07-09 06:08 PM
    Excellent job!
    But should we remove the contact number of Vikas Chowdhry from the article -- ??

    Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!




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  • JunRN
    08-29 03:17 PM
    NSC's receipting up-date is like fooling us around. It seems to me that if they touched one application with a date - July 24 - then it will declare in the Receipting up-date that it is already processing July 24 cases and yet, they are not yet finished with July 2 to 23 applications.



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  • apnair2002
    06-27 07:09 AM
    source http://www.immigration-law.com/


    GOOD NEWS




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  • ashkam
    02-02 08:54 AM
    Everyone does apply through a body shopper which is not right.. but is there a way out...

    You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.



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  • satish_hello
    08-28 10:57 PM
    any Update?




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  • desi3933
    06-28 10:11 PM
    Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
    Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)

    "Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."


    They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?


    As per I-9 form

    The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice



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  • buddyinsd
    08-25 05:06 PM
    What about ur case? Is that assigned to an officer as well?

    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.




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  • drirshad
    05-06 01:00 AM
    Chill out guys ..........

    If u r frustrated try Viagra ......

    If u r not frustrated good for u .........

    If u r neither search for the nearest escort service .....




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  • mike_2000_la
    06-07 06:26 PM
    not sure how reliable this info is, take it with a fist full of salt...

    on june first nse received abt 740 I485 applications.




    laborchic
    07-11 10:11 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



    This one was the best... Where did this come from??




    silveroaks
    02-13 04:55 PM
    I have donated 50$ by check today and will try to make it there.
    Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.

    Thanks,



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