rssb
09-23 09:10 PM
dummgelauft porting is happening and you may be correct about non IT companies and big IT companies being unwilling to port.
I can recollect 7 people immediately of which 1 is a genuine EB2 , 1 was a genuine Eb3 (2003) and remaining 3 have done labor substitution in Eb3 , 2 in Eb2 with dates ranging from 2002-2004 during the July Fiasco. 2 Eb2 people already got their GC's.
The other 3 people now have at least 3 years exp from 2007 --> 2010. Making them eligible for Eb2 ( with a variety of education + work exp combinations).
Lucky people are the ones, who could manage to get labor substitution during June-July 2007, got EAD's within 6 months, had the flexibility these 3 years and are now capable of porting to Eb2.
In the end it boils down to how resourceful one is and adapts to the situation and able to make things better for themselves. Same goes for L1 -> EB1 route. Porting by a person who has a substitute labor of 2002 ( in July 2007) will also effect a genuine EB3 application from 2006, as they are moving ahead even in the Eb3 queue.
Porting is here to stay , the only hope for people is to combine efforts and try to follow up on the various proposals ( STEM Exemption, visa recapture, counting dependents in family quota, and provide relief to people by at least letting them file 485's without waiting for dates to become current )
I can recollect 7 people immediately of which 1 is a genuine EB2 , 1 was a genuine Eb3 (2003) and remaining 3 have done labor substitution in Eb3 , 2 in Eb2 with dates ranging from 2002-2004 during the July Fiasco. 2 Eb2 people already got their GC's.
The other 3 people now have at least 3 years exp from 2007 --> 2010. Making them eligible for Eb2 ( with a variety of education + work exp combinations).
Lucky people are the ones, who could manage to get labor substitution during June-July 2007, got EAD's within 6 months, had the flexibility these 3 years and are now capable of porting to Eb2.
In the end it boils down to how resourceful one is and adapts to the situation and able to make things better for themselves. Same goes for L1 -> EB1 route. Porting by a person who has a substitute labor of 2002 ( in July 2007) will also effect a genuine EB3 application from 2006, as they are moving ahead even in the Eb3 queue.
Porting is here to stay , the only hope for people is to combine efforts and try to follow up on the various proposals ( STEM Exemption, visa recapture, counting dependents in family quota, and provide relief to people by at least letting them file 485's without waiting for dates to become current )
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ganpya2000
11-18 01:17 PM
I got following reply from Sen. Franken
Thanks for contacting me about the DREAM Act. I appreciate you sharing your concern with me on this issue.
There are thousands of young people in the United States who have gone to school, done their homework, participated in school activities, received their high school diploma and wish to go to college - but whose parents brought them to this country illegally. These youth face several barriers to a college education. Federal law currently limits states' ability to offer undocumented immigrants in-state tuition, and they are also not eligible for federal student financial aid.
I do not believe that we should punish children for their parents' actions. For many of them, the United States is the only country they consider home. With the chance to attend college, they will be able to fully contribute to our nation's future. The DREAM Act, S. 729, would allow undocumented immigrants who came to the U.S. as children and pursue a college education or enlist in our nation's military to apply for conditional permanent resident status.
The DREAM Act, of which I am a cosponsor, is bipartisan legislation narrowly tailored for undocumented students who have lived in the United States since they were children, succeeded in school, and want to be productive members of society. Requirements to be eligible for the DREAM Act include having arrived in the U.S. at age 15 or younger; having graduated high school; having served in the military or attended college for at least two years; and demonstrating good moral character. The DREAM Act is the chance we're giving these young people to earn legal status by working hard to attend and succeed in college.
Again, thank you for contacting me, and I look forward to hearing from you in the future on this or any other matter of concern to you.
Sincerely,
Al Franken
United States Senator
Thanks for contacting me about the DREAM Act. I appreciate you sharing your concern with me on this issue.
There are thousands of young people in the United States who have gone to school, done their homework, participated in school activities, received their high school diploma and wish to go to college - but whose parents brought them to this country illegally. These youth face several barriers to a college education. Federal law currently limits states' ability to offer undocumented immigrants in-state tuition, and they are also not eligible for federal student financial aid.
I do not believe that we should punish children for their parents' actions. For many of them, the United States is the only country they consider home. With the chance to attend college, they will be able to fully contribute to our nation's future. The DREAM Act, S. 729, would allow undocumented immigrants who came to the U.S. as children and pursue a college education or enlist in our nation's military to apply for conditional permanent resident status.
The DREAM Act, of which I am a cosponsor, is bipartisan legislation narrowly tailored for undocumented students who have lived in the United States since they were children, succeeded in school, and want to be productive members of society. Requirements to be eligible for the DREAM Act include having arrived in the U.S. at age 15 or younger; having graduated high school; having served in the military or attended college for at least two years; and demonstrating good moral character. The DREAM Act is the chance we're giving these young people to earn legal status by working hard to attend and succeed in college.
Again, thank you for contacting me, and I look forward to hearing from you in the future on this or any other matter of concern to you.
Sincerely,
Al Franken
United States Senator
dkshitij
02-25 09:58 AM
Tony,
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
Not everyone who contributes will post their contribution in the forum. Would it be possible from IV to get the latest contribution totals?
Thanks!
2011 Mexico Jimena Navarrete
guyfromsg
07-19 11:51 PM
Thanks IV core for the selfless sacrifice..A small pledge of $100
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chantu
08-26 06:41 PM
My wife got EAD approved on 16th Aug and I got my approved today. I do not know why 10 days of delay.
One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!
One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!
manchala
11-19 09:39 AM
Done and I got it done with few friends also.
I will try contacting them today and will keep u posted..
Best..
RV
I will try contacting them today and will keep u posted..
Best..
RV
more...
at0474
12-16 12:31 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
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RSM1444
02-10 07:06 PM
Double Post Deleted
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shaikhshehzadali
06-13 08:00 PM
No. U can't...All the application should go to Nebraska
I am not an attorney...Information may not be correct
I am not an attorney...Information may not be correct
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spring2000
06-20 11:35 AM
I read the news on bloomberg business channel that house is going to discuss about senate immigration bill
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maag
05-30 12:12 PM
Thanks Marty for all the advice.
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gcbikari
04-25 01:50 PM
[QUOTE=gcbikari;242385]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.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
more...
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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
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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gk_2000
08-09 01:13 PM
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
I suggest you drop out of EB2, and learn some English spellings before coming here and chiding people. Get lost!
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
I suggest you drop out of EB2, and learn some English spellings before coming here and chiding people. Get lost!
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needhelp!
02-11 12:17 PM
Are you folks waiting for the next amendment banning all H1B renewals?
If we don't stand up against this NOW, its going to be too late.
If we don't stand up against this NOW, its going to be too late.
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Macaca
12-10 10:17 AM
I forgot to say that I am going full speed ahead and staying the course.
I am doing the following even if there are 0 takers.
Educate lawmakers about retorgression.
Prioritize interim options based on controversial factor. Some forum posts have good ideas.
Start right now. I don't know how to enjoy holidays without any hope.
I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the
process and platform (senate/congress) on which retrogression will be addressed.
process and platform on which interim measure can be introduced.
effect of each interim measure.
I am doing the following even if there are 0 takers.
Educate lawmakers about retorgression.
Prioritize interim options based on controversial factor. Some forum posts have good ideas.
Start right now. I don't know how to enjoy holidays without any hope.
I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the
process and platform (senate/congress) on which retrogression will be addressed.
process and platform on which interim measure can be introduced.
effect of each interim measure.
more...
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Rohan99
10-12 10:26 PM
THANKS! I will wait for my turn and hope that my application is right next to you.
GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.
GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.
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simple1
05-08 02:00 PM
CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
Honestly, I dont care if they are eligible for FB2A.
All I care is eb-dependents are not eligible for EBquota.
why are you quoting and supporting the official mis interpretation above the actual law ?
Is it still not clear for you? eb-dependents are NOT eligible for F2A.
So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.
I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".
You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).
You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.
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Harutium
06-22 08:49 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
tabletpc
09-15 05:11 PM
In my many years I have come to a conclusion that one useless man is a shame, two is a law firm, and three or more is a congress. - James Adams...
Get back guys. Don't waste your time on GC discussion. D what you love most, things will eventually fall in place.
Get back guys. Don't waste your time on GC discussion. D what you love most, things will eventually fall in place.
PDOCT05
08-28 09:16 AM
I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?
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