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  • gc_lover
    07-24 07:36 AM
    ^^^^





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  • student79
    04-04 09:18 AM
    Thank you Guru's sharing your expereince here..

    I have one more question, please advise.

    now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.

    for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?

    My wife already have H4 extension which is valid until 2013.

    Thanks,





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  • student79
    04-04 09:18 AM
    Thank you Guru's sharing your expereince here..

    I have one more question, please advise.

    now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.

    for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?

    My wife already have H4 extension which is valid until 2013.

    Thanks,





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  • ashkam
    07-26 11:11 AM
    According to my attorney, it will be an amendment to the existing I-140.



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  • prout02
    07-30 12:26 PM
    I have read in this forum frequent questions about this - legality/enforceability of noncompete clause. Here's a recent court decision from Kansas. It talks about physician practices. No idea if it is applicable to other professions. But the four factors cited in the decision seem relevant.

    Interestingly, it talks about 8 states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- that have been known to outlaw or significantly restrict such clauses.

    Please take it for whatever it's worth.

    ======================
    http://www.ama-assn.org/amednews/2008/08/04/prsa0804.htm
    amednews.com
    Kansas court enforces noncompete clause
    The court looked at a number of factors in weighing the contract's impact on the doctor, the employer and patient care.

    By Amy Lynn Sorrel, AMNews staff. Aug. 4, 2008.

    A Kansas appeals court recently affirmed the enforceability of noncompete clauses in a ruling that puts the spotlight on issues that can arise in drafting or signing the employment contracts.

    Kansas is among a majority of states that consider noncompete clauses legal, with varying case law or statutes as to when and how the provisions can be used. Eight states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- have been known to outlaw or significantly restrict such clauses.

    In June, the Kansas Court of Appeals upheld a contract that restricted a family physician from practicing for three years in the same county as the group she left unless she paid the clinic 25% of her earnings during those three years after her termination.

    In its decision, the court analyzed four factors to determine the validity of the contract provision. The court looked at whether the restrictive covenant:

    * Protected a legitimate business interest of the employer.
    * Created an undue burden on the employee.
    * Harmed the public welfare.
    * Contained time and geographic limitations that were reasonable.

    In upholding the noncompete clause, the court found that Wichita Clinic PA had a legitimate interest in protecting its patient base and the investment it made in establishing the practice of Michelle M. Louis, DO, when she joined the group in 1991. The court said the contract did not unfairly restrict competition or patient access because Dr. Louis had the option to continue practicing in the area, where other family physicians were available.

    Gary M. Austerman, Dr. Louis' attorney, said the court essentially ruled that "a contract is a contract" while giving "short shrift" to other concerns, including patient care. Dr. Louis plans to petition the Kansas Supreme Court to take her case.
    8 states outlaw or significantly restrict noncompete clauses.

    "A doctor's right to practice and continue her relationship with her patients in this case is greater than the employer's right to restrain that right," Austerman said. "Patient choice is affected any time you say you can't take care of patients just because of a business relationship."

    Austerman said Wichita Clinic -- a practice of nearly 200 multispecialty physicians -- was not harmed by Dr. Louis' departure, and the contract was aimed at protecting itself from competition rather than protecting patient care. He argued that the 25% damages clause imposed an arbitrary penalty on Dr. Louis and was not intended to apply to the income she would make when she left the clinic in 2004.

    AMA policy states that covenants not to compete "restrict competition, disrupt continuity of care and potentially deprive the public of medical services." The AMA discourages any agreement that restricts the right of a physician to practice medicine and considers noncompete clauses unethical if they are excessive in scope.
    Striking a balance

    Gary L. Ayers, an attorney for Wichita Clinic, said the group's contract struck an appropriate balance.

    He said the clinic hired Dr. Louis after she completed her residency and helped set up her practice with an existing source of patient contacts and referrals, and by covering administrative and overhead costs. But if doctors decide to leave and take a portion of their patients with them, the group would lose out financially without some reimbursement arrangement, Ayers said. As a result, patient care would suffer.

    Restrictive covenants "allow groups to protect their patient base and in turn give them the ability to grow the practice to provide a vast array of patient services," Ayers said.

    Doctors on either side of the negotiating table should consult legal counsel to know where their state stands on enforcing noncompete provisions, said Richard H. Sanders, a Chicago-based health care lawyer with Vedder Price.

    Employers drafting contracts should make sure time and distance limitations are reasonable and reflect where the practice draws its patient base from, he said. On the flip side, individual doctors should not hesitate to negotiate and ask for a buyout clause or a carve-out leaving a particular geographic territory open.

    Jerry Slaughter, executive director of the Kansas Medical Society, warned that doctors should take the contracts seriously. The medical society was not involved in the Wichita Clinic case.

    "If properly constructed, [restrictive covenants] are legal and binding, so it's really about the parties going into it understanding it's a contract."

    Discuss on Sermo Discuss on Sermo Back to top.

    ADDITIONAL INFORMATION:
    Case at a glance

    Was a noncompete clause in a doctor's employment contract enforceable?

    A Kansas appeals court said yes.

    Impact: Some individual physicians say the provisions restrict their rights to practice in any given area and infringe on patients' rights to choose a doctor. Physicians on the medical group side say the contracts help protect the investment a practice makes in new doctors and its existing business, which, in turn, helps maintain access to care.

    Wichita Clinic PA v. Michelle M. Louis, DO, Kansas Court of Appeals

    Back to top.
    Copyright 2008 American Medical Association. All rights reserved.





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  • hoolahoous
    11-11 09:08 PM
    there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.


    PS: I am not a lawyer, so this is not a legal opinion.



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  • texanguy
    09-30 03:19 PM
    there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...





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  • ramus
    07-06 10:56 AM
    PLease donot create new thread for this.. We alrady have thread for this.. There is already one thread on media .. Please put all posts there..

    It is very hard for members to do work if we have so many threads on same topic.



    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:



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  • pune_guy
    06-06 01:11 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    485 receipt is proof of AOS

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.

    SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?





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  • overseas
    10-06 09:29 PM
    irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).

    I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.

    mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.



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  • pappu
    04-09 12:05 PM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.

    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?

    Congrats.
    You are one of the oldest member. Glad you finally made it before EB3 became unavailable.





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  • gc28262
    07-29 10:52 PM
    Searching in Google, the good way | Code Purity (http://blog.code-purity.com/archives/2009/7/24/searching_in_google_the_good/)


    There are huge set of techniques by which searching in Google can be done more accurately, and here is a list of them that I frequently use.


    1. Whenever we search for more than one keyword (i.e. computer programming, here we use 2 key word. a) computer b) programming) at a time Google will handle this keyword using a method called Boolean Default. Google's Boolean default is AND; that means if we enter query words without modifiers, Google will search for all of them. If we search for:

    computer programming


    Google will search for all the words. If we want to specify that either word is acceptable, we can put an OR between each item:

    computer OR programming


    If we want to exclude a query item from search results, use a -.(minus sign or dash:

    computer -programming


    Note that there is no space after the (-) sign.

    2. To search for a phrase use "" surrounding the phrase. like:

    "Some Interesting Google Search Technique"

    3. Period (.) and Asterisk (*) can also be used as traditionally used.

    4. To search anything from a specific site use site:site_name.

    google site:share-facts.blogspot.com

    This will search for the term google only in the specified site. Note that there is no space after the (:) sign.

    Eg: ead site:immigrationvoice.org

    5. To restrict search to title of web pages we can use intitle:search_keyword

    intitle:google

    6. Use inurl:search_keyword to restrict search to the URLs of web pages.

    inurl:google

    7. To search in body text use intext:search_keyword

    intext:html

    8. Searches for text in a page's link anchors

    inanchor:"google desktop"

    9. To search for a specific filetype use filetype:desired_file_type

    bangladesh filetype : pdf

    10. To search a copy of the page that Google indexed even if that site/page is no longer available at its original URL or has since changed its content completely. This is particularly useful for site/pages that change often.

    cache:share-facts.blogspot.com



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  • rajenk
    09-20 05:39 PM
    Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

    Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

    Lesson learnt: Always check with attorney!

    Now on to the final hurdle! I-485.

    Raj:)





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  • JazzByTheBay
    11-20 07:52 PM
    For the record, that did seem to help and can be credited (at least partially) for the reversal of USCIS' stated position during the July '02 visa bulletin fiasco. It also brought IV and our issues a fair amount of publicity.

    It's easy to be an armchair critic... at least IV as an organization does something. :)

    Regardless, if you have any creative suggestions, feel free to post.

    jazz

    It will also slow down the overall processing, increase revenues for USCIS with tons of EAD/AP renewal fees. Its also a bonanza for lawyers. What a lovely system! To think that people still believe stupidities like marching in DC or sending flowers to USCIS will fix the system!



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  • ashwinr
    07-17 12:57 PM
    Also, i traveled to Chennai & had no issues with immigration there.

    I had switched jobs early last year and notified USCIS (AC21). I received a RFE for employment verfication in October and we responded to it before i traveled.





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  • lskreddy
    07-02 04:36 PM
    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.

    I didn't imply that you were saying that USCIS is approving based on PD's. I agree with your statement in full that they processed EB2 I140's to utilize the visa numbers.

    But, approving that are not eligible for those visa numbers (like mine) are also happening in abundance and that to me is just weird. It is prioritizing one application over another for no apparent reason.

    I have no complaints as I benefitted from it but on the other hand it makes me fume as my other has been pending forever.



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  • countdrak
    11-01 02:58 PM
    Thank you all for your responses.

    I am working directly for the company, this is not a desi consultant but a legit desi owned business.

    The difference in wage is about $7 an hour and total of around $13k a year. It doesn't seem like they give a crap about "breaking the rules". At the same time I don't want to be a party to that and be out of status later on.

    My question is suppose I quit and go back to my H4 and in this economy dont get a job --- Can I get a job in 6 months and transfer my h1 or will I have to apply for a NEW H1 through the quota again?

    Guessing how stingy these guys are , I don't think they have the time and the inclination to go out and cancel my h1. At the same time I want to get this done amicably so as to hold my job for 6-8 months. From some of the posts I have seen that the DOL doesnt really respond and required tremendous amount of proof and companies can pay a small fine and go on with their lives.





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  • crazyghoda
    10-29 06:21 PM
    I got someone who left this comment with the red - " Helpful Answer Negative Rating"
    This must the 3rd time I have had someone give me a red for answering questions and helping this community.
    I think I am done hanging around this forum helping out a bunch of morons who probably believe they can get a green card by giving others reds. Adios !

    There is no TDS for any funds held in NRE savings or CD accounts.





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  • vikramy
    09-22 01:30 PM
    This is what given by my Attorney apart from your labor approval. Better double check..


    FOR FORM I-140

    Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.

    1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
    2. All degree certificates, and relevant marksheets.
    3. All Forms W-2 from the sponsoring employer.
    4. Latest 3 paychecks from the sponsoring employer.
    5. All H-1 and H-4 approval notices.
    6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
    7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
    8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.





    pointlesswait
    10-09 12:31 PM
    is there anyone who has shifted from a regular prcessing to consular processing???





    authrd
    07-26 02:13 PM
    assuming you don't have all your I-94s and I797s,

    having W-2s/paystubs for all the years is enough to prove that you have always been in status?