gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
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.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
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.
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mumbai
02-24 10:20 AM
Contributed $50 to this.
Paypal transaction ID for this payment is: 67A1893865488893N.
Paypal transaction ID for this payment is: 67A1893865488893N.
makemygc
06-22 11:05 AM
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
This is really a sorry situation. On one side your employer is saying wholy company's fiancial is dependent on you and on other side he is asking how can you benefit company. There is not much you can do other than doing a sweet talk him and see if you can come up with some compromise.
He might ask you to sign some bond to stay in the company for next few years. See if you can reduce that duration as well as get the surety that will not impact your increment.
Although several people will advise you for the aggresive stance but I don't think you would like to move in that direction.
Other option is to file your I-485 youself or through some attorney ( other than your employer's), if you have the employment letter and I-140 approval.
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legal_gc_seeker
05-11 05:31 PM
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.
The best thing would be not to count them in any quota like they do for immediate relatives of citizens.
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.
The best thing would be not to count them in any quota like they do for immediate relatives of citizens.
more...
royus77
07-07 08:50 AM
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
rk07
09-27 02:16 PM
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
more...
zoooom
07-19 08:50 PM
$100 from me.
Rahul :)
Thanks!!
Rahul :)
Thanks!!
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sankap
07-10 04:58 PM
@chanduv23:
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.
Correct me if I am wrong
Folks, here is what I am able to gather by self employment
(1) One can be self employed
(2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines (links above)
(3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
(4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.
That's *your* interpretation of "legitimate." If you're self-employed and looking for contracts, your business is "legitimate." Since there's no clear definition of that from USCIS, DOl, IRS, we can *assume* your self-employment in similar occupation is legitimate. If you've a business, you can't guarantee biweekly/monthly cash flow--again, no guidelines from USCIS on that.
Correct me if I am wrong
more...
rbharol
10-24 04:17 PM
As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
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srini1976
07-03 07:44 PM
Congratulations!!!!!!!!!! Happy Independence.....:)
more...
nrk
02-04 11:22 AM
Hi Guys,
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.
Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
If the salary increases between the jobs is 10% there should not be any issue.
Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.
Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.
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senthil
04-21 04:48 PM
Mehul - No worry as our prayers are with you. there are somethings beyond our control. only prayers can help.
I'am pretty sure you will be alright. enjoy life's every moment.
I'am pretty sure you will be alright. enjoy life's every moment.
more...
house with Julia Roberts.
gcspace
10-03 10:04 AM
It was reached on July 16, 09:00 AM Lincoln,Nebraska,no RN yet :(
My wife's package is also at 9am July 16th, R Pitcher
My wife's package is also at 9am July 16th, R Pitcher
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mnq1979
09-23 01:52 PM
Hi mnq1979,
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).
GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx
more...
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trueguy
07-28 09:54 AM
With EB2 getting all the spillovers, there is no per country limit for any category except EB3-I. Why?
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sanan
07-02 09:08 AM
Or is He/she faking the name - to stay out of trouble from a possible law suit :p
Just kidding I know its not funny
Robin Williams? Are you sure it didn't go to Hollywood!
Just kidding I know its not funny
Robin Williams? Are you sure it didn't go to Hollywood!
more...
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gcnotfiledyet
02-26 10:49 AM
This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.
For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.
I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.
Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.
But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.
At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.
Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.
I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.
I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.
GO I/WE GO. TOGETHER WE CAN.
Very well written. We need this kind of language material to present to our friends. You got my contribution. How do I donate $20? I don't see tab for that money on page. Minimum for one time contribution I see is $100. Also is there any way that I do not have to use paypal and directly use my cc to pay?
Also not all of us are as good in writing or speaking the same language. I am glad you understand the pains of IV core but unfortunately all of us have not gone through the same things as you have. So we surely need some convincing on part of IV. This post I see is right step. I need some more info to present to my friends, as to why they should contribute. That would be perfect.
For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.
I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.
Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.
But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.
At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.
Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.
I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.
I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.
GO I/WE GO. TOGETHER WE CAN.
Very well written. We need this kind of language material to present to our friends. You got my contribution. How do I donate $20? I don't see tab for that money on page. Minimum for one time contribution I see is $100. Also is there any way that I do not have to use paypal and directly use my cc to pay?
Also not all of us are as good in writing or speaking the same language. I am glad you understand the pains of IV core but unfortunately all of us have not gone through the same things as you have. So we surely need some convincing on part of IV. This post I see is right step. I need some more info to present to my friends, as to why they should contribute. That would be perfect.
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AirWaterandGC
05-09 02:25 PM
I had asked about this earlier too. Can one buy a business and sponsor others om H1-B when one is on H1B ?
Will someone please respond ?
Thank you.
Will someone please respond ?
Thank you.
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amitjoey
07-09 09:26 PM
This is great but not at all enough, If major news and print media does not cover this, than this effort will go waste. If it gets unreported, than we have ourselves to blame. The whole point is for this to get covered nationally. Your local news and print media needs to be made aware, if it gets printed enough times, it will be picked up in major news channels. So please email the story, make the reporters aware of this. I know, we have a lot of us that we can write, copy paste the same message. I have a feeling it is going to make a great news story, just want to be doubly sure.
gccovet
05-12 01:08 PM
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
nomorelogins
04-30 01:49 PM
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
quick question is it 2003 or 2004? since perm started in 2005?
quick question is it 2003 or 2004? since perm started in 2005?
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