Tuesday, July 19, 2011

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  • gc_kaavaali
    11-14 04:09 PM
    somebody gave red mark...what happened???





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  • s416504
    11-18 01:00 PM
    Please specify time line (MMYY) about your status from begining. Also mention period USCIS asking your legalility. I think You should be OK as long as AOS pending.





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  • abhaykul
    12-31 01:03 PM
    Has IV explored or conveyed DOS about considering the First Arrival date on H1B or the first day on H1B job after graduating to be the priority date ? If DOS can implement this without change in law ?

    The Ideal Scenario would be First Arrival Date or Labor Filing Date which ever comes first should be the priority date after I 140 is approved. What do you think IV core?

    If DOS implements this it will be a boon for long time GC hopefuls !





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  • JunRN
    12-28 06:22 AM
    I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.



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  • gc28262
    07-01 05:55 PM
    Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.

    http://en.wikipedia.org/wiki/Non-compete_agreement

    I signed one last week knowing that it does not have much validity.

    In doubt check with an attorney.

    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?





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  • thomachan72
    01-05 05:02 AM
    @sanju_dba - Sorry to disappoint you. We did think about making a documentary, but in the end we all figured that a lot more people might be interested in a narrative feature film. Perhaps we are wrong, but it was just a decision that our team collectively made.

    @waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.

    Thanks again for the comments.
    I am sure everybody here will watch this one and hopefully we can get some senators also to watch this. Its great that you actually did this before somebody on the other side made a movie.



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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .





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  • biomd
    09-26 06:24 PM
    My AOS applications received at NSC on 10th Aug Checks cashed on 24th Sep.



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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21





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  • naturopathicpt
    06-26 05:32 PM
    I appreciate your reply but I cannot understand what you mean on your first response Atty. Prashanthi. Some of my questions on my first statement have not been answered.



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  • loudobbs
    10-09 05:49 PM
    That's my question too...
    :):):):)

    Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.

    http://www.onetcodeconnector.org/ccreport/15-1051.00

    I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.

    Any thougts?





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  • stemcell
    03-07 06:38 PM
    Can you give more detalis?
    are you filing NIW as a physician?



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  • anishNewbie
    09-10 06:07 PM
    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

    Wow.. this is worrying factor...:( :confused: :(

    I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...





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  • gimme_gc_asap
    12-27 12:03 AM
    Thank you. always good to hear some sane voices.


    Please think:

    A. WHY will ACLU assist us? Only because Ms. Singh is there?

    B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

    C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...



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  • chanduv23
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.

    Like in said my earlier post, employer can not ask for kind of employment authorization.


    ________________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.

    If that is the case, what about employment websites? Maybe they need to be notified to change their options?





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  • capriol
    07-06 02:16 AM
    Dear Folks:
    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.



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  • h1techSlave
    04-22 02:23 PM
    Each RFE will result in lawyer fees, medical exams, etc. to the tune of $2000.

    Even if they issue 100, 000 RFEs, the resultant increase in GDP = 100K * 2000 = $200 million.





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  • inskrish
    08-01 12:04 AM
    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.

    Pappu,

    Just wanted to clarify, is it 'Leaving' or 'Leading'?





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  • lskreddy
    08-31 12:28 PM
    Don't pay any attention to this stupid poll. Can you imagine what the poll would look like if it is conducted with-in IV? Something like: 99% yes, 1% No.





    ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?





    guchi472000
    03-18 05:06 PM
    How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.

    Please suggest me....
    If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.



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