Wednesday, June 8, 2011

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  • hoolahoous
    10-28 01:26 PM
    This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

    since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?





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  • devang77
    07-06 09:49 PM
    Interesting Article....

    Washington (CNN) -- We're getting to the point where even good news comes wrapped in bad news.

    Good news: Despite the terrible June job numbers (125,000 jobs lost as the Census finished its work), one sector continues to gain -- manufacturing.

    Factories added 9,000 workers in June, for a total of 136,000 hires since December 2009.

    So that's something, yes?

    Maybe not. Despite millions of unemployed, despite 2 million job losses in manufacturing between the end of 2007 and the end of 2009, factory employers apparently cannot find the workers they need. Here's what the New York Times reported Friday:

    "The problem, the companies say, is a mismatch between the kind of skilled workers needed and the ranks of the unemployed.

    "During the recession, domestic manufacturers appear to have accelerated the long-term move toward greater automation, laying off more of their lowest-skilled workers and replacing them with cheaper labor abroad.

    "Now they are looking to hire people who can operate sophisticated computerized machinery, follow complex blueprints and demonstrate higher math proficiency than was previously required of the typical assembly line worker."

    It may sound like manufacturers are being too fussy. But they face a real problem.

    As manufacturing work gets more taxing, manufacturers are looking at a work force that is actually becoming less literate and less skilled.

    In 2007, ETS -- the people who run the country's standardized tests -- compiled a battery of scores of basic literacy conducted over the previous 15 years and arrived at a startling warning: On present trends, the country's average score on basic literacy tests will drop by 5 percent by 2030 as compared to 1992.

    That's a disturbing headline. Behind the headline is even worse news.

    Not everybody's scores are dropping. In fact, ETS estimates that the percentage of Americans who can read at the very highest levels will actually rise slightly by 2030 as compared to 1992 -- a special national "thank you" to all those parents who read to their kids at bedtime!

    But that small rise at the top is overbalanced by a collapse of literacy at the bottom.

    In 1992, 17 percent of Americans scored at the very lowest literacy level. On present trends, 27 percent of Americans will score at the very lowest level in 2030.

    What's driving the deterioration? An immigration policy that favors the unskilled. Immigrants to Canada and Australia typically arrive with very high skills, including English-language competence. But the United States has taken a different course. Since 2000, the United States has received some 10 million migrants, approximately half of them illegal.

    Migrants to the United States arrive with much less formal schooling than migrants to Canada and Australia and very poor English-language skills. More than 80 percent of Hispanic adult migrants to the United States score below what ETS deems a minimum level of literacy necessary for success in the U.S. labor market.

    Let's put this in concrete terms. Imagine a migrant to the United States. He's hard-working, strong, energetic, determined to get ahead. He speaks almost zero English, and can barely read or write even in Spanish. He completed his last year of formal schooling at age 13 and has been working with his hands ever since.

    He's an impressive, even admirable human being. Maybe he reminds some Americans of their grandfather. And had he arrived in this country in 1920, there would have been many, many jobs for him to do that would have paid him a living wage, enabling him to better himself over time -- backbreaking jobs, but jobs that did not pay too much less than what a fully literate English-speaking worker could earn.

    During the debt-happy 2000s, that same worker might earn a living assembling houses or landscaping hotels and resorts. But with the Great Recession, the bottom has fallen out of his world. And even when the recession ends, we're not going to be building houses like we used to, or spending money on vacations either.

    We may hope that over time the children and grandchildren of America's immigrants of the 1990s and 2000s will do better than their parents and grandparents. For now, the indicators are not good: American-born Hispanics drop out of high school at very high rates.

    Over time, yes, they'll probably catch up -- by the 2060s, they'll probably be doing fine.

    But over the intervening half century, we are going to face a big problem. We talk a lot about retraining workers, but we don't really know how to do it very well -- particularly workers who cannot read fluently. Our schools are not doing a brilliant job training the native-born less advantaged: even now, a half-century into the civil rights era, still one-third of black Americans read at the lowest level of literacy.

    Just as we made bad decisions about physical capital in the 2000s -- overinvesting in houses, underinvesting in airports, roads, trains, and bridges -- so we also made fateful decisions about our human capital: accepting too many unskilled workers from Latin America, too few highly skilled workers from China and India.

    We have been operating a human capital policy for the world of 1910, not 2010. And now the Great Recession is exposing the true costs of this malinvestment in human capital. It has wiped away the jobs that less-skilled immigrants can do, that offered them a livelihood and a future. Who knows when or if such jobs will return? Meanwhile the immigrants fitted for success in the 21st century economy were locating in Canada and Australia.

    Americans do not believe in problems that cannot be quickly or easily solved. They place their faith in education and re-education. They do not like to remember that it took two and three generations for their own families to acquire the skills necessary to succeed in a technological society. They hate to imagine that their country might be less affluent, more unequal, and less globally competitive in the future because of decisions they are making now. Yet all these things are true.

    We cannot predict in advance which skills precisely will be needed by the U.S. economy of a decade hence. Nor should we try, for we'll certainly guess wrong. What we can know is this: Immigrants who arrive with language and math skills, with professional or graduate degrees, will adapt better to whatever the future economy throws at them.

    Even more important, their children are much more likely to find a secure footing in the ultratechnological economy of the mid-21st century. And by reducing the flow of very unskilled foreign workers into the United States, we will tighten labor supply in ways that will induce U.S. employers to recruit, train and retain the less-skilled native born, especially African-Americans -- the group hit hardest by the Great Recession of 2008-2010.

    In the short term, we need policies to fight the recession. We need monetary stimulus, a cheaper dollar, and lower taxes. But none of these policies can fix the skills mismatch that occurs when an advanced industrial economy must find work for people who cannot read very well, and whose children are not reading much better.

    The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.

    The opinions expressed in this commentary are solely those of David Frum.

    Why good jobs are going unfilled - CNN.com (http://www.cnn.com/2010/OPINION/07/06/frum.skills.mismatch/index.html?hpt=C2)





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  • unbreakable
    03-17 11:20 AM
    Thanks guys for your replies. Will keep you posted on my RFE.





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  • green-mile
    01-18 03:17 PM
    Hey NJBOY , here no one is against no one .....
    Planum is trying to tell you , check your facts before you post some thing (This includes your heading)...

    your heading clearly says [B]recession = 485 deny?, how does any one will assume if NJBOy says 485 what he exactly meant is labour certification.


    Before you blame some one double check your post.


    BTW , I don't think USCIS has history of denieng 485 on the grounds of recession, if any one who already crossed 180 days after filing 485 are required to show that the person is still working in the similar job..as long as person working , USCIS should be able to grant greencard, provided visa numbers availability.



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  • sledge_hammer
    05-21 04:55 PM
    Thanks kalinga_sena, StuckInTheMuck, and nashim!





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  • GCA
    04-27 01:13 PM
    GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.

    It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).


    So, can I stop paying sales taxes when I buy any goods out of my 'after tax' earnings???



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  • rheoretro
    11-07 03:23 PM
    Gcneeded,

    Lots of people seem to be giving advice, gratis, and pretending as if they were lawyers. I would suggest you consult a lawyer and get information about the exact documents that your parents would need. While even I, as a layman, know that the B-1/B-2 visa is not tied to a sponsor, I also know that mere possession of a valid visa is not sufficient grounds for the entry of a foreigner into the US. A lot rests at the discretion of the USCIS Immigration Officer at the port of entry.

    If I were you, I would err on the side of caution. Please consult a lawyer - you can get these questions answered for free by asking the attorney Sonal Mehta Verma, who periodically gives gratis legal advice to IV members. Good luck!

    RR





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  • IfYouSeekAmy
    05-17 02:59 PM
    Yes, I hired them in 2004. Spoke to David Cohen for an initial consulatation. They did all the paperwork. Back then they charged 1500 for the whole thing was payable in installments. (They made a mistake in one of the forms which came up during my final PR interview which was able to explain. So insist on receiving and reviewing all the forms prior to signing them). With that exception, they did a good job. Another issue was that they kept changing the paralegals so I worked with 3 people during the whole process. They were pretty good on answering calls and emails.
    Like someone said in this thread you do not have to have an immigration agent for Canadian PR as it is pretty straight forward. I used one only for the peace of mind and less hassle.

    IfYouSeekAmy,

    Can you please share your experience with them?

    Thanks



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  • delhis_007
    06-04 06:10 PM
    I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?

    Thank you.

    delhis





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  • raysaikat
    04-29 04:13 PM
    It against the law to work in one country and get paid in another

    Where did you get this info? Could you please point out a reference that says so?



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  • werc
    03-28 03:22 PM
    So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?

    I think you were referring to this in the link.

    b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)

    I understand this to mean that aperson who has spent a year outside the US has 2 options.

    1. To apply for a new H1 (subject to the cap)
    2. To use the remainder of the 6 years he has from his prior H1B.

    Please correct me if I am wrong.


    If you don't have 1 year gap. otherwise you are subjected to.





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  • quizzer
    10-24 06:00 PM
    Is there any way IV can take up the NSC I140 processing times with USCIS???

    Why is there a huge discrepancy between TSC and NSC wrt I140

    Also the processing times NSC publsihes are not right.

    for eg: My EB2 is pending from Dec 2006 and the latest update is Feb 2007.

    i know there are a lot of people like me.

    Thanks



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  • immilaw
    09-17 11:07 AM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.

    There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.

    So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.





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  • vbkris77
    04-29 10:01 AM
    Recapture and STEM can eliminate the existing backlog including PDs of 2009 EB3I within an year.

    But then the damage is already made that there will never be a backlog built. Most of this backlog is because of wasted visas. There is a fragile balance between non-immigrant visas and immigrant visas. CIS screwed it up. But then once this is restored with the above provisions, for atleast until CIS screws it up big time again.

    So lets just support this effort of IV unconditionally.

    There are 26 pages in this document and half page for legal EB immigrants.

    Pros
    1.GC for MS in STEM
    2.Per country limits removed

    Cons
    1.No increase in number of EBs
    2.Now all counties will be backloged instead of just I and C. ( Misery loves company)



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  • singhsa3
    02-28 10:20 AM
    Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"





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  • overhere
    07-18 09:03 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.

    i see. anyway, good luck to you.



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  • nvmurali
    06-02 07:06 PM
    Sorry Murali, I wasn't clear in my earlier post.

    1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
    2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
    3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.

    Hope this clarifies my earlier post - sorry for the confusion.

    This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)





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  • reddog
    04-24 10:36 AM
    A Memorandum of Marriage is different from the Certificate of Marriage.
    A Memorandum of Marriage is required to obtain a Marriage Certificate.

    Here is a sample (Schedule A) of the Memorandum of Marriage.
    You will need to obtain one from your local Marriage Court.
    http://ncw.nic.in/compMarriageBill.pdf

    I would say, the marriage certificate, a notarized copy of the Memorandum of Marriage from India, with some additional proof, like photos, invites', etc should suffice.





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  • sbabunle
    08-19 01:13 AM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu



    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





    arc
    10-30 01:48 PM
    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?

    Thanks

    First of all what is Finger printing fee? FP is part of your 485 process so i is not charged seperately... secondly yes EAD can come before FP... and they are not related EAD is Form I765 and FP is related to I485. Check with your lawyer if you had applied for EAD or not...if not then apply if yes then wait you will get it too...

    Yes one can walk in usually on wednesday but depending on the rush they might or might not accomodate depends how you persue... and how valid your reason is... one can also go to another ASC then mentioned on the form they all do the same thing and assignment is purely based on load at a particular ASC.:cool:





    DSLStart
    10-01 09:30 AM
    search forums here, people haven't gotten their FP renewal notices even after requesting number of times to USCIS. Request from congress member compels uscis to move their butt.

    Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...



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