Monday, June 27, 2011

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  • rdehar
    10-09 09:42 AM
    gjoe: "It would be more effective atleast" ...

    Agreed. The current system makes old filer feel very insecure.

    If you are in a queue for a long time, and then when your turn arrives, USCIS announces it is a "free for all" ...





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  • desi3933
    07-10 04:54 PM
    And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    You are wrong, again!. ;)

    I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.

    .





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  • syzygy
    07-10 10:03 AM
    If Sanjay Dutt is in country how about having him in rally? Even the american guys who have bought copyright to Munnabhai story might want to add some oil to fire

    First off let us change the name of this thread from "Gandhigiri to DOS" to "Munnabhaigiri to DOS".

    Gandhiji sent flowers to NO ONE.





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  • texcan
    09-04 07:12 PM
    I have mailed my I-485/EAD/I-131 on July 26th and same were received at NSC on July 27th. I did get the receipt numbers for all the same yesterday. The receipt date is Aug 27th, 2007. I did have an TSC I140.

    boppana99,

    Your case is similiar to mine. Just curious did you get TSC or NSC numbers.

    I think TSC nos start with SRC and NSC is LIN.

    Please share info.



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  • aquarianf
    04-25 10:27 AM
    [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.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.





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  • chintals
    09-04 03:40 PM
    Hello,

    Here are my case details.

    PD-09/04

    I-140 -EB3 - TSC- Approved 08/06.
    I-140-EB2 - Pending at TSC. RD 04/25/07 based on Perm to port 09/04 PD.

    I-485/EAD/AP filed at NSC on 08/03/07. RD 08/06/07.

    I guess longway to go for getting receipts.



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  • EndlessWait
    07-20 11:41 AM
    So pls contribute.

    I pledge $100.





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  • ramaonline
    02-17 01:42 AM
    Payment details

    Amount: $100.00 USD
    Transaction Date: February 16, 2011
    Transaction ID: 7YD41249H74200541



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  • nik.patelc
    02-09 09:42 PM
    Contributing 50 dollars monthly...

    I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
    1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
    I m sure all members can hire IV for legal advise.

    2) Create a community and help members who lost jobs recenlty...

    Regards,
    Niraj





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  • Macaca
    04-06 01:36 PM
    With deafening member response to financial contribution, contacting legislator and contacting media, we will be here very soon. Please contact reporter for professional help.

    Some paras from Criteria for Depression Are Too Broad, Researchers Say Guidelines May Encompass Many Who Are Just Sad (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201693.html), By Shankar Vedantam (http://projects.washingtonpost.com/staff/email/shankar+vedantam/), Washington Post Staff Writer, Tuesday, April 3, 2007

    Up to 25 percent of people in whom psychiatrists would currently diagnose depression may only be reacting normally to stressful events such as a divorce or losing a job, according to a new analysis that reexamined how the standard diagnostic criteria are used.

    The study also suggested that drug treatment may often be inappropriate for people who are experiencing painful -- but normal -- responses to life's stresses. Supportive therapy, on the other hand, may be useful -- and may keep someone who has been through a divorce or has lost a job from going on to develop full-blown depression.

    The cost of not looking at context is you think anyone who comes under this diagnosis has a biological disorder, so should more or less automatically get antidepressant medication, and everything else is superfluous," said lead author Jerome Wakefield, a New York University researcher who studies the conceptual foundations of psychiatry. "There is a trend to treat people in this somewhat mechanized way."

    Said First: "One issue this would play out at is at the level of medication. If someone has a normal grief reaction, you wouldn't give that person an antidepressant, you would favor counseling. If someone has major depression you would be more likely to medicate. So this could influence how clinicians think about medications or psychotherapy."



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  • delax
    07-27 12:33 AM
    That is your take ....or they could end up distributing the spill over Visas equally among all EB categories because the original quota is equally distributed too. This benefits both EB3 and EB2.

    Please do not try to pass on your opinions as facts ...they are not.

    It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.

    If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.

    I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers





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  • GreeNever
    05-03 11:09 AM
    thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?



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  • rajusk
    11-21 01:20 PM
    Friends,

    For all those who are from India or believe in the Hindu gods and are ready to offer a prayer for Mehul.

    Here is a link --> http://www.geocities.com/siddhaashram/Mahamrityunjaya.htm

    Read it about 108 times on his behalf preferrably on Monday or you can do it 11 times until December 8th as this is an auspicious month for Lord Shiva.

    Good luck Mehul. I also sent you a PM.





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  • vishwak
    11-18 02:51 PM
    Submitted. Got confirmation email too.



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  • gxtrader
    08-27 01:16 PM
    July 30 NSC. No action but i guess too early to panic....will let the early july filers do that at the moment :)





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  • ckarri
    07-20 11:42 AM
    Pledged $250 so far and will be pledging $100 for Aman's expense reimbursement.



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  • abhisam
    02-02 04:18 PM
    I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))

    I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.

    Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!

    So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.

    So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!

    - abhisam





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  • santhi_krishna
    08-13 11:06 PM
    Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?

    My I140 is pending with NSC since Jan 2007. My attorney issued the checks, So I don't know whether the checks cashed or not.





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  • hopefulgc
    10-09 10:57 AM
    People,
    no offense .. but what kind of crack are we all on?
    what ever happened to queuing theory?
    Visa number assignment is a classical queuing case that can be solved even by a newborn who fires a projectile pee without warning.

    and yes as long as we are all stating what we want..
    I want three parle-g biscuits with garma garam chai.


    It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.





    royus77
    07-11 10:27 PM
    Originally Posted by conchshell
    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. :D.......





    CHHAYA
    06-07 10:46 AM
    reddymjm,
    I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.

    If anyone else has had a similar experience, please post your update here.

    Thanks.

    SAME WITH ME. MY 140 WAS APPROVED AT TSC BUT MY LAWYER SAID ALL SHOULD FILE 485 AT NSC ADN THEY WILL FORWARD TO TSC. STAY IN CONTACT.



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