الأربعاء، 15 يونيو 2011

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  • Anders �stberg
    July 15th, 2004, 06:55 PM
    I can't stop thinking about how the picture would have looked with the mother bird in focus and the young OOF... it didn't occur to me at the time but it would have been very cool to try to preset focus for the approaching bird... I hope they are still there tomorrow...




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  • conundrum
    05-25 09:32 AM
    Finally made the call to Kennedy's office. :)




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  • Green06
    08-15 02:00 PM
    eeeee thats painful. Happend so many times. It is like Lotto but at the end we say Samay se pehle or Bhagya se adhik kuch nahi milta (before time and more than your destiny you don't get anything)




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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.



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  • krishmunn
    03-07 03:49 PM
    Krish,

    I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.

    Read carefully before jumping into conclusions.

    OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.

    To summarize , recalling 140 has NO impact in OPs case.




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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.



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  • ssingh92
    01-24 12:53 AM
    Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.

    True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.

    If I check my case online I see following

    On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

    On Receipt Notice I-797C -Notice of Action I see following

    Received Date : June 25, 2007
    Notice Date : July 25, 2007

    I dont know why online case status says that "On July 24, 2007, we received ...."

    Do anyone of you see such date mismatch.

    Thanks,




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  • sandy_anand
    01-24 10:06 AM
    Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
    EB1 as you say received 41026.
    Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

    This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.

    Thanks! I stand corrected.



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  • prem_goel
    12-03 10:20 PM
    Congrats!!!

    If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.

    Hi, see my other thread at

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/thread783615-tijuana-stamping-on-30th-nov-anyone-new-post.html




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  • rabis
    04-13 02:00 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS



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  • kondur_007
    08-24 10:23 PM
    I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
    And yes, there is a rule about this that they came up with since past few months (?about a year now..)
    I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
    Good Luck.

    (Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).




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  • chem2
    06-01 06:36 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.



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  • snathan
    03-31 01:16 PM
    Not all L1 is bad
    Not all H1B is bad
    Not all consulting companies are bad

    So why are we behaving like crabs?
    Think from a perspecive of a legit L1 visa holder too

    To anti Immigrants even your greencard is bad.
    He will be happy if your greencard is made painful
    Will you rejoice then?

    What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?

    Forget this Crab story...it’s a crap story written by one idiot followed by other idiots only when its adding value for their argument.

    If not all, most of the L1 are abusive. I know a company paying 30K for L1. They no longer take H1B and lay off H1 people whoever was already working with them.

    But how are they are going scot-free...all the expenses are billed to the client but shown as benefit to the employee.

    So the client is losing , the employee is losing.

    But I am not supporting this whatever is reported.

    When they came for the communists,
    I remained silent;
    I was not a communist.

    When they locked up the social democrats,
    I remained silent;
    I was not a social democrat.

    When they came for the trade unionists,
    I did not speak out;
    I was not a trade unionist.

    When they came for the Jews,
    I remained silent;
    I wasn't a Jew.

    When they came for me,
    there was no one left to speak out.




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  • pranavgandhi
    07-16 12:59 PM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

    If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.

    Is there offered salary criteria associated with this category?



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  • mallikonnet
    07-06 10:41 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave

    hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now

    Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)

    best thing is to consult your company lawyer

    goodluck




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  • mpadapa
    08-04 03:36 PM
    Based on what you have said. She is not even entitled for EAD, because U, mentioned that she got married after 485 was filed by here spouse. If the spouse had added her as dependent after marriage then she can derive EAD and AP benefits. Also if she is a dependent on his 485 there should be some concrete evidence (divorce papers) for him to drop her out of the dependent status.


    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?
    --He had filed his 485 before she got married to him.



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  • Riakapoor
    09-16 04:10 PM
    you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.

    Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?


    Thanks a ton!




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  • perm2gc
    01-06 04:46 PM
    My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

    Please let me know if there is any merit in the above statement?
    Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.




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  • paskal
    07-20 08:33 PM
    a link that says 485 filing needs tax returns.
    please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.




    STAmisha
    11-15 01:06 AM
    I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that




    webm
    04-04 01:54 PM
    Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...

    Why you told EAD??

    You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.

    There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..

    HTH,
    webm



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