Friday, July 1, 2011

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  • dkshitij
    02-11 09:41 AM
    I donated for the first time yesterday. I intend to help out as I can. Could someone please let me know how the access to Donor forum works? Thanks!




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  • pappu
    05-04 10:48 AM
    on
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    is a comparison chart for skil bill. Is there any way we can get that. it will help us analyse this better.

    (Chart comparing the SKIL Bill, introduced by Senator Cornyn (R-TX) on May 3, 2006, to other Senate bills, including the Comprehensive Immigration Reform Act of 2006. Chart prepared by the American Council on International Personnel for the Compete America coalition, of which AILA is a member. AILA Doc. No. 06050461.)




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  • reddymjm
    06-07 05:55 AM
    It is better to take your time and make sure everything is sound, then hurry and miss something.

    Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?
    My attorney said the checks should be payable to USCIS not DHS. The PD is always ur LC filed date. Receipt date is when the application is received and notice date is when they assing a LIN/wac number and take ur money.




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  • abracadabra102
    05-10 09:59 AM
    A suggestion about the contents of these emails/letters:

    Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.

    I see 2 problems with this:
    1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
    2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.

    In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.

    Examples:
    Impact on US economy:
    - I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business

    Impact on our families:
    - My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork

    Impact on the communities:
    - Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.

    Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!

    -a

    good job!



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  • desi3933
    07-10 03:37 PM
    ....
    That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....

    Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled

    "Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "




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  • Saralayar
    09-04 02:43 PM
    Bump /\/\/\/\



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  • diptam
    06-26 03:58 PM
    After 6-7 months tell the employer that i'm going India for ever due to personal reasons - you know its not feasible for me to pay.

    They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.

    Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.

    Thanks !

    No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).

    Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.




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  • crazyghoda
    06-26 11:05 AM
    The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.


    When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)

    I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.



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  • Star Wars War Games - Compare


  • micofrost
    11-17 05:07 PM
    Done.

    Message sent to:

    Senator Sherrod Brown (D-OH)
    Senator George V. Voinovich (R-OH)
    Representative Patrick J. Tiberi (R-OH 12th)

    I think the Republicans on that list are somewhat supportive anyway.

    The link was pretty nice and easy!!!

    "I-485 Approved : 08/04/2010"




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  • franklin
    06-18 10:30 AM
    who knows?
    My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
    I sent mine on June 1st....nothing yet.
    on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
    I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows

    When was your friend's Priority Date current? June 1st? Or, I assume, before that?



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  • smitin_2000
    09-09 07:19 PM
    visa bulleting indicates what is going to happen to EB3-I for 2009-10 year, in next 3-4 months it will again become U, with date around Nov'01, and that's it, unless CIR get passed (don't know when........) with some urgently needed fix for EB category, it is hopeless atleast for EB3-I folks




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  • nsrinivas
    09-11 04:10 PM
    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.



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  • SleeplessinSeatle
    11-21 09:08 AM
    Mehul,

    I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.




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  • tonyHK12
    02-24 01:45 PM
    thanks seshadr, hsingh82, rbusgc

    Total Contributions...........$8,625.00
    Amount to be raised.......$41,375.00
    .
    .



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  • fundo14
    05-30 10:43 AM
    I think it will be smooth. Landing by road is easier than by air. You need to do the following as soon as you have landed. I recommend you land early in the morning as gov. offices are closed at noon:

    1. Locate an HR office and get your SIN number. This will take 30 min to an hour once you are there. You will need to show your Passport and COPR document as a proof.

    2. Locate the medical insurance office and obtain your medical insurance card.

    3. Go to the post office and obtain a PO box.

    4. Open a bank account. Use the PO box address as mailing addres.

    Good luck.

    Marty,

    Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?




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  • desi3933
    06-27 03:08 PM
    Minimum of 6 Months..

    Incorrect

    As per law one should have intent to work full-time for the employer (or AC-21 employer) at the time of approval. There is no time period specified.

    The intent, of course, can change after some time. Lawyers differs on the duration. Some argue it is 90 days, whereas others suggest 180 days or 1 year.



    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com



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  • fetch_gc
    10-18 11:15 AM
    Yesterday I have got my RN and today my wife has got hers.

    I was quite disappointed for a while, but feel a little better just to know that our apps are entered into the system.

    Thx




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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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  • eb3retro
    08-18 02:45 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.



    excellent points eb3 napa..Sunny surya i think you surely need to come up with some proper reply (instead of one liners) to eb3napa to convince people here.




    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).




    GreenMe
    07-06 03:30 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?


    Whoever put this on TOI did a awesome job ... great work guys ... this is absolutely amazing ... Thanks to everyone ...



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