Tuesday, June 7, 2011

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  • NKR
    08-15 01:57 PM
    The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.

    I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.





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  • nmember
    05-25 05:54 AM
    fax send





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  • pt326bc
    08-03 10:33 AM
    I 140 is for a future job.

    You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).

    The critical part here is I 140 should be active (meaning shouldn't be revoked).

    Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.

    Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!

    Again this is not legal advice, just an opinion as I am not a lawyer!

    Regards.





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  • ssdtm
    03-22 01:02 AM
    My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)

    I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.

    ---- No risk in filing in EB2

    Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.

    ---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.

    Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.

    Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.


    ---- There is lack of clarity on this. I have read lawyer opinions on both sides.

    Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?

    Thanks

    ----



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  • MAC
    March 28th, 2004, 04:05 PM
    Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!

    MAC





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  • wizpal
    02-08 01:49 PM
    From Dallas metroplex area

    count me in..



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  • HumHongeKamiyab
    03-16 12:05 PM
    Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

    Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?





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  • tigerk
    10-02 01:52 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.

    Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks



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  • gctex
    07-02 08:42 AM
    Thanx. But I didn't quite clearly get that. You mean, we need to fill the forms with :

    <blank> for given_name as in passport or,

    <FNU> for given_name as in visa stamp or,

    <First_name> for given_name the way we want ?.

    Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.

    Thanx again.

    -Gctex





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  • ivar
    04-09 05:29 PM
    Dear IV Friends,

    After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.

    Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile

    I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.


    Thanks.



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  • bala50
    02-18 10:32 AM
    And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

    But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
    Fear of recession may also reduce new H1B visa demand.





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  • gc28262
    04-28 09:12 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.



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  • overhere
    07-18 11:08 AM
    I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.

    I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.

    hope you'll find one. good luck.





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  • rolrblade
    09-10 10:03 AM
    All: In my view what has happened here is usually referred to as "amnesty" In the plea deal, the USCIS and DOS will not be subject to investigation and the community receives its July Bulletin. Although not fair, it is exactly what it is..... a PLEA deal.



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  • Fran
    08-14 11:57 AM
    Similar threads have been started before as lot of LUD's have been seen on 07/22 07/28 08/05 and 08/12. I think concensus was that this has nothing to do with 485 data entry as check cashing did not match the LUD dates. But interesting pooint raised in this thread that it might be about which july apps to batch transfer from LIN to SRC. 07/22 might be around the time when LIN started to look at first few july filers apps.





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  • Chiwere
    10-13 02:24 PM
    With a million GC applications processed a year even if a small percentage fit the profile Merck has managed to corner a substantial market and more than that a ready made test suite for it's vaccine.
    This racket started with states like Texas making Gardasil mandatory for pubescent girls. If this is what takes to be in "Land of the Free" I would rather leave it for the true Americans who would be suing Merck 15-20 years later for damages.



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  • desi3933
    06-22 07:51 AM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.

    I am NOT an attorney and this is not a legal advice.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.

    I agree this is good idea. She may have to travel out of US to get back into H4 status.



    See above in Blue.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002





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  • voldemar
    02-13 03:40 PM
    I am seriously thing 2-3-4-5 years!You are so optimistic ;)





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  • optimystic
    09-10 04:43 PM
    Glad you liked my thoughts. Just felt this might be a novel and practical campaign rather than doing flowers again or something else.

    I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !

    << BEGIN: Shameless request :
    If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
    END : Shameless request >>





    Ramba
    09-25 07:11 PM
    Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.

    Could someone with experience related to this please reply? I'd really appreciate it.

    Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.





    gemini23
    08-07 09:56 AM
    Just called USCIS to find out the estimated processing time to get gc for indyanguy. you will get it in 265 days and 2 hours.

    Just kidding. No one can predict such thing man. relax.



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