Monday, July 4, 2011

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  • chanduv23
    07-09 03:34 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I have talked to few people who do self employment. This is what they have to say.

    "As long as the job duties are same or similar, it is fine",
    "You must be a W2 employee of your firm"
    "The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"

    I am also trying to do some research on this.

    A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.




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  • english_august
    07-06 02:59 PM
    Alright friends, so we now have a lead item on Times of India on this effort.

    http://timesofindia.indiatimes.com/articleshow/msid-2183334,prtpage-1.cms

    Can we now have some of the Nays turn into Ayes? We now have proof that this effort is attracting media's attention, we now have proof that it is viable. Can we please make it a smashing success by getting great numbers?




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  • ravi190372
    08-28 10:28 PM
    gc_on_demand , are you with a desi consulting firm or with a US software company




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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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  • GCNaseeb
    08-29 01:08 PM
    That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.




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  • Jaime
    06-26 05:10 PM
    For your Information India's GDP is 3 trillion USD compare to Mexico 1 trillion USD. Taking into account GDP of EU India ranks 5th in GDP higher than any indivisual European nation where as Mexico ranks 13th. This is as per CIA worldfactbook. So where did you get the number
    "Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). "
    Hmmn did I forget you are an MBA from Mexico ?

    (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!)
    Lets get this thing straight buddy without shadow of any doubt there are more Mexican than Indian in USA. But what about the number of doctors, computer scientist, economist, professors of reputable Universities, physcisist of Indian origin compare to Mexican origin.

    I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.



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  • anukcs
    09-30 03:13 PM
    I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.

    But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.

    As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.

    I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).

    I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.

    Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.

    All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!

    Thanks for the info. How early we should renew the EAD? TIA. anukcs




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  • simple1
    05-01 03:27 PM
    I repeat to avoid misunderstanding.
    This thread tries to findout the correct interpretation of current law.
    I am not proposing any change or correction of law. No lobbies or congress involved.

    I also strongly believe families should be together and they will be ( as no one will be affected ).

    It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.

    However.........

    I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.

    Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.

    If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.

    As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.



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  • snathan
    02-10 10:38 AM
    Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV

    Thank you and its $944




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  • satish_hello
    09-08 02:08 PM
    I Just checked all my checks are encashed for me and my wife.

    It shows my check WAC. i don't know what service center this is from.everyone will get it soon.It is on the way

    Regards
    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 approved @NSC
    I-485 - Delivered july6th at NSC
    CheckCashed-?
    RD - ?
    ND-?
    AD -?
    Edit/Delete Message



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  • ArunAntonio
    07-06 05:21 PM
    to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?




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  • willwin
    10-08 03:22 PM
    We are all missing a point here.

    Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.

    Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.

    It's not as simple as it sounds --Give GC to those old timers before the new comers!

    Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.

    BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.

    I would rather have them approve ANY case instead of wasting a single visa number.

    If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.

    485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!



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  • joeshmoe
    06-05 10:11 AM
    Is there premium for I485?

    I am not a lawyer but as far as I know there is no Premium for 485. They mentioned they will want to do it at some point in the future but it is not yet available for this application.




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  • little_willy
    01-30 12:40 PM
    Just for replying to this query - I have got 40 or so negative reputations.:confused: I understand that this is Free Lawyer Conference call forum.

    Please update your profile to reflect the correct dates. This will help IV to analyze the data and present our case to the lawmakers. We appreciate your support to IV.

    Thanks.



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  • bobzibub
    12-15 11:49 PM
    :D

    Well, my old carcass is getting too aged to handle that anymore. So now I ease off the sauce and go to the gym.
    But I do also try to notice and enjoy the silliness of the every day human condition. (Still to this day, I'm not sure why I mow my lawn, for instance.) A sense of humour is very important. Recognition that there are others less fortunate. And stay connected with friends socially.
    And also recognize that fact that a green card won't make me magically happier beyond the immediate jubilation. Yes it is good to regain the rights we lost coming to the US. To speeches I'll still smile, nod, even clap and think "what a bunch of nonsense!" for privacy is the true freedom that you still have. But I'll still work for a living. I'll still put on a dress shirt to impress clients I'll never see. I'll still try to spend more time creating than managing. Not simply because my h1b legally requires me to do so, but because managing is intellectually trivial. Or one could say that managing is the work of man, creation is the work of the gods. ; )

    Chin up!
    -b




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  • ramus
    07-07 12:05 PM
    Hi,
    Please join NC state
    chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.

    Thank you for your interest.




    I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.



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  • desi3933
    06-22 03:10 PM
    Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.

    Thanks,
    Jayant

    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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  • skd
    07-10 05:37 PM
    Any rallies Near Portland Oregon Area this weekend ?




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  • oguinan
    07-09 01:04 AM
    For some postal destinations the USPS offers guaranteed 2 day service. I recently mailed a package where this service was offered. The postal worker explained that if the package was mailed on a Friday, it would be delivered on Sunday. San Francisco, CA is one of the destinations where this service is offered and the package in question was, indeed, delivered on a Sunday.

    You should check whether the postal service offers the 2-day service to the USCIS office.

    United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
    still It does not mean anything ... they can reject it.




    mahujam
    08-05 09:57 AM
    These guys are not consistent. I should have gotten a 2 year EAD.

    Dunno who to take this up with.




    greensignal
    09-09 04:41 PM
    :) Current Status: Card production ordered.

    On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.

    ND: 07/30/08



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