Monday, June 27, 2011

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  • kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.




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  • hsingh82
    03-09 09:32 PM
    This country has finally started to SUCK big time.

    Exactly




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  • sdudeja
    09-18 01:06 PM
    :)I applied for my wife's EAD renewal online on 11 august and got the card in mail on 15 sep. I guess this was a good experience.




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  • doshhar
    07-04 06:19 PM
    I have e-mailed the senators in Illinois.

    Let's do following to keep this topic alive..

    1) Please e-mail senators to your respective states. You can find the e-mail format from http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=1474093861&m=8821024251

    2) We should have a rally to local USCIS offices.

    3) We should inform Media well in advance about rally so we can get enough coverage.

    4) We should contact Chinese groups for joining us in our mission.

    This is not a single person mission. We should get to gather at this CRITICAL time.

    Please don't let this fire go away.



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  • vjkypally
    05-19 11:08 PM
    Just Donated 25 dollars. I don't see Donor status. Does it take time?




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  • sunny1000
    07-08 08:08 PM
    The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.

    The following link may throw some light on what non-citizens are entitled under the U.S constitution.

    http://www.slate.com/id/1008367/

    ------------------------------------------------------
    explainer: Answers to your questions about the news.
    Do Noncitizens Have Constitutional Rights?
    Chris Suellentrop
    Posted Thursday, Sept. 27, 2001, at 5:47 PM ET

    Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?

    Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)

    But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.

    In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."

    Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").

    On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.

    Next question?

    Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
    -----------------------------------------------------------------



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  • bkarnik
    05-02 09:03 PM
    If the CIR seems likely to pass, I believe Sen. Cornyn will push for this bill to be added to the CIR as an amendment, much similar to what Sen. Durbin did with the DREAM bill. Amongst the bills I have seen, this bill is the best one so far. Agreed it does not address all that we want....but compared to where we are, this bill will achieve a lot for us. Especially, if the AOS clause passes, it pretty much means that you can file I-485 i.e. it means that you and your dependents become eligible for EAD and all the benefits associated with it. :)




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  • abq_gc
    08-18 02:36 PM
    What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.

    These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.

    Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....



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  • anzerraja
    07-20 10:17 AM
    Sam2006,

    Looks like you haven't filled in your pledge amount. Could you do please ?

    Thanks
    Anzer

    nice job guys

    I think we should extend it till monday atleast




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  • reddymjm
    02-17 04:12 PM
    Whats the total now?



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  • smuggymba
    07-20 10:34 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing (based on my observation, I might be wrong so take it easy). If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums. Hope we get out of this EB2 vs EB3 and as focus on visa recapture.




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  • SeanDell
    05-30 07:43 PM
    Has anyone used AVR recently coming back from Canada?



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  • kumarc123
    05-08 03:53 PM
    So who is the leader who is responsible of DOING stuff with that money when I contribute

    You are the leader, because your are paying for it. Instead lets maybe assign a florist, we pay through google pay have them deliver the flowers too Dc or Obama administration for living up to their promises and how USCIS is promoting racism. Obama just came out with the article on how education is important and how unemployed people should consider going to college and state departments should offer help.

    We should question in our conquest, is this what president is referring too? Is this what this nation wants?


    Please lets make this happen! Lets find a florist and we can place our orders.




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  • prachisahoo
    05-09 10:28 PM
    Hello Friends

    We can not win this battle without attention from visual media like News Channel.

    Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues

    - recapture of lost visas over past years
    - Per country visa limit

    If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.

    What's your opinion on this ?



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  • rk07
    09-25 09:36 AM
    HI,
    Lawyer sent to NSC on 27th July. Today called to USCIS support. There are no receipts numbers in the system. What could be the reason.

    Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.

    Thanks,
    -rk.




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  • Sakthisagar
    11-18 09:37 PM
    Done!



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  • Springflower
    09-12 01:48 PM
    I have received receipts for I-485/EAD/AP applications for me and my wife on September 10th, 2007. They came from CA service center (numbers start with: WAC).

    --------------------------------------------------------------
    Contributed $50. Signed up for $50/month recurring contribution.

    PD: March 2004 (EB3 - India)
    Labor approved: Jan 2006
    I-140 approved: Feb 2006 (NSC)
    I-485/EAD/AP applied: July 6th, 2007 (NSC)
    Checks cashed: 09/08/2007
    Receipts received: 09/10/2007
    --------------------------------------------------------------




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  • mbsac
    10-10 08:28 PM
    No Luck yet !!!




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  • suriajay12
    02-25 08:55 PM
    Thanks for your insight and observation.
    Do you believe in what IV is doing?

    If Yes, i will really appreciate if you can contribute and help us in any way. This is an organisation run by people like me and you, who have full time jobs and have families also. If we all can take out some time out of our busy lives and try to help IV, then everyone will know about IV.

    When we say we need to convince people, which is ridiculous, as i am 100% sure, everybody knows whats going on. We all are suffering and are here fort he long haul. If still people dont want to do anything, then no one can help us.

    So, Thanks a lot for your insight and help IV to help yourself.

    GO IV GO. TOGETHER WE CAN.

    Akhil,

    I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
    But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
    But their only question is "What is the action plan for FUTURE". Can you please help.
    I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.




    inr
    10-08 04:15 PM
    Still Waiting !! 90 days reached, Received by R.Williams,on July 5th. Did any july 5th filers got receipts send to NSC and transferred to TSC.
    LUD on 07/28,other than that nothing till far. anyone?




    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1
    greener_pasture

    July 5th
    ------------------------------------
    chalamcharla
    mbsac

    July 9, at 11.07 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    krustycat

    July 11, at 11.24 am at Nebraska signed by F.HEINAUER
    -----------------------------------------------------
    technoboy

    July 13, at 11.11 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    gcnm04

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    July 16, at 11.16 am at Nebraska signed by F.HEINAUER
    ------------------------------------------------------
    fetch_gc




    waitforevergc
    05-09 09:35 PM
    Kshitij,

    Excellent letter. Thanks for sending it.

    I am also going to sent a similar letter to WhiteHouse. But I am very certain it might not reach the intended people, what harm will it cause in trying.

    Others..please let us all write letters, if more people write, someone will take notice.

    Thanks.



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