Gravitation
04-22 08:23 PM
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
That means nothing in the court actually. It takes a lot more such as violation of trade-secrets for a court to rule against an employee. If hitting revenue was a valid reason not to change a job, nobody will ever be able to change a job.
What you mention is a common misconception.
"In Virginia (http://en.wikipedia.org/wiki/Virginia), a plaintiff (http://en.wikipedia.org/wiki/Plaintiff) must prove by a preponderance of the evidence (http://en.wikipedia.org/wiki/Preponderance_of_the_evidence) that the covenant is reasonable in the sense that it is: (1) no greater than necessary to protect its legitimate business interests, such as a trade secret (http://en.wikipedia.org/wiki/Trade_secret); (2) not unduly harsh or oppressive in restricting the employee’s ability to earn a living; and (3) not against public policy."
http://en.wikipedia.org/wiki/Non-compete_clause
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factoryman
06-14 09:41 PM
Waiting. Waiting to rebook cancelled tickets. Waiting to plan a short vacation after many years, but still comeback just in time for FP appointment.
mygc2006
08-28 09:53 AM
filed aug 3 2008 card ordered aug 26 2008
CONGRATS acepb.... that was pretty quick ......
CONGRATS acepb.... that was pretty quick ......
2011 The first tickets for Taylor
ocpmachine
09-03 06:17 PM
Paper filed EAD for me and wife on June26..TSC RD -June30..CPO on Sep'02.
Looks like people whose RD is around last week of June'08 are getting EAD approved...Good luck.
Looks like people whose RD is around last week of June'08 are getting EAD approved...Good luck.
more...
gc_kaavaali
04-20 10:32 AM
Hi,
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
cr52401
06-05 11:04 PM
I am EB3 with PD of Oct 2003. My attorney filed on June first. I will give update as soon as I get the recipet #.
Does any one knows what happened after you apply in Nebraska. Do they send your application to Service center or will be processes all the way through in Nebraska. I live in Texas and my attorney said we must file in Nebraska and can not send to Texas service center any more.
Is that true?
Thanks.
Does any one knows what happened after you apply in Nebraska. Do they send your application to Service center or will be processes all the way through in Nebraska. I live in Texas and my attorney said we must file in Nebraska and can not send to Texas service center any more.
Is that true?
Thanks.
more...
apb
09-07 06:06 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
2010 Taylor Swift 9/1/2011
tonyHK12
02-09 08:56 PM
You can do it through the IV site. Click the Green "Donate button at the top of this page or from home page. It will display the following options from which you can choose and it will take you to paypal.
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Quick ques: How to set up recurring payment in paypal?
Remember to login first to IV. Image attached. There is a link in my signature which points to the same.
Quick ques: How to set up recurring payment in paypal?
more...
mirage
03-07 11:48 AM
Nothing had been achieven in last 9 years. Last thing when anything that congress did for immigration was AC21 in 2000. Than how do you thing whatever our agenda is, can be achieved ?? While I think our agenda has to be modified so that we don't ask them what they have been rejecting repeatedly.
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
Why dont we all stick to a common agenda where there are more chances rather than everyone coming with some and in the end you know what happens...
IV is a platform where people do things together NOT everyone digressing in their own ways..not right...
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xyzgc
09-25 10:50 PM
I am enraged.
We Indians deserve to be waiting forever without Greencard.
This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.
So EB3 indians are idiots?:D
We Indians deserve to be waiting forever without Greencard.
This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.
So EB3 indians are idiots?:D
more...
hindu_king
03-06 05:11 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
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andycool
08-20 01:23 PM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Me....
SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
Info pas...on Aug 06...> with officer wait 30 days..
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Me....
SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
Info pas...on Aug 06...> with officer wait 30 days..
more...
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gk_2000
07-20 04:45 PM
Sanhari,
If GCs were sold in stores I would buy you and your family a bunch of them.
You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.
The question you should ask is why have EB1, 2, 3, etc?
Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.
You signed up for this knowing what was in store.
You think writing a letter or starting up a thread is going to help?
I just wonder, is IV some kind of therapy? something like weightwatchers,
maybe we should call ourselves GCWatchers, for frustrated GC folks from India.
Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?
India is shining, not a bad proposition at all.
Mr. Paraya Desi
I request you to mind your language. What you say displays a complete lack of understanding about the system
It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold
Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain
If GCs were sold in stores I would buy you and your family a bunch of them.
You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.
The question you should ask is why have EB1, 2, 3, etc?
Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.
You signed up for this knowing what was in store.
You think writing a letter or starting up a thread is going to help?
I just wonder, is IV some kind of therapy? something like weightwatchers,
maybe we should call ourselves GCWatchers, for frustrated GC folks from India.
Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?
India is shining, not a bad proposition at all.
Mr. Paraya Desi
I request you to mind your language. What you say displays a complete lack of understanding about the system
It is not that they want the "most qualified" or "most brilliant" FIRST, and the rest later. As an example, if your toilet broke down and you have an urgent need to use it, would you welcome a beautiful girl knocking on your door, or a plumber. It is like this. It is a question of WHAT the COUNTRY needs, not who is made of gold
Therefore dont think you are as an EB2 more (or less) entitled to anything, and correct the "faltu" ideas in your brain
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BharatPremi
03-26 07:50 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
more...
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felix31
11-21 01:46 PM
Dear Mehul,
please, dont give up hope!! Faith and hope can do miracles. Seek proper care and definately a second docotor's opinion, preferably from your home country.
We will pray for you and your family!
please, dont give up hope!! Faith and hope can do miracles. Seek proper care and definately a second docotor's opinion, preferably from your home country.
We will pray for you and your family!
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rssb
11-17 04:29 PM
Done
more...
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reddymjm
05-02 03:44 PM
openarms,
maybe there are not enough EB3- I cases in the queue ;) ..well one of my friends did get his GC during last fiasco ..eb3 - I, pd 2003. ofcourse there is no unity ..it is every man for himself (And hence save as much as you can while you enjoy life)..and hence don't worry too much ..GC will come when it has to (my friend told me that once ..and I found those words comforting) ...see few of the threads nearby ..people are content talking about dots (I guess since they know nothing will ever happen due to our actions :-) ..and I sort of agree).
I also guess there are not much cases of EB3 left, atleast till PD dec 2002. Jun filers who ever did not get their GC last summer or fall will be waiting.
maybe there are not enough EB3- I cases in the queue ;) ..well one of my friends did get his GC during last fiasco ..eb3 - I, pd 2003. ofcourse there is no unity ..it is every man for himself (And hence save as much as you can while you enjoy life)..and hence don't worry too much ..GC will come when it has to (my friend told me that once ..and I found those words comforting) ...see few of the threads nearby ..people are content talking about dots (I guess since they know nothing will ever happen due to our actions :-) ..and I sort of agree).
I also guess there are not much cases of EB3 left, atleast till PD dec 2002. Jun filers who ever did not get their GC last summer or fall will be waiting.
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msp1976
03-08 01:07 PM
http://www.freerepublic.com/focus/f-news/1797479/posts
This is another discussion derivative of Mr Gates testimony...
All frustrated individuals...This is your chance to use you frustration for something constructive....Please post replies to some of the comments in there..
This is another discussion derivative of Mr Gates testimony...
All frustrated individuals...This is your chance to use you frustration for something constructive....Please post replies to some of the comments in there..
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tushbush
05-23 05:55 AM
Sent to 11 (one is common).
Cheers
Cheers
bobzibub
05-23 07:06 PM
Dear Senator ____;
Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.
I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.
The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.
Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.
The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.
It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.
Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.
Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:
1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.
2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).
3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.
We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Sincerely,
<your name>
Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.
I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.
The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.
Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.
The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.
It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.
Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.
Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:
1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.
2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).
3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.
We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Sincerely,
<your name>
sanhari
10-18 04:26 PM
Can you all please try to contact USCIS/DOS/local congressman/woman with your request
for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.
for EB Spillover visa usage based on the oldest Priority date? If you have already done it please do it again, if not, please do it. Let us try our best to see something can favor us to see our green card atleast this year.
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