vineri, 10 iunie 2011

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  • ingegarcia
    12-13 12:00 PM
    How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
    They usually do not receive a paycheck they receive cash instead :D .




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  • JupiterTransit
    08-26 02:04 PM
    I-140 Premium and I-1485 filed concurrently at NSC on June 29th. Received July 2nd. No clue if checks are encashed.

    PD: Nov 2002.
    H1-B 7th year expiring Dec'07;
    8th year extension filed.

    Any one in the same boat?




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  • dilbert_cal
    04-25 12:04 AM
    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.




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  • uma001
    11-07 12:44 PM
    Ajay,

    Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.



    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar



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  • nat23
    03-09 02:06 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.

    Please advise. Much appreciated - thanks

    Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.




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  • qualified_trash
    08-30 12:05 PM
    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
    You are right. The issue is which is more important, the academic studies or the working experience.

    And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.

    If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.

    cheers,
    QT



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  • devan
    11-17 11:15 AM
    sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .




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  • saisiv
    07-23 03:54 PM
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf



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  • Ann Ruben
    06-30 11:44 PM
    In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.




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  • myimmiv
    12-18 04:26 PM
    I entered in Atlanta GA, with 45 days of validity remaining on my AP. No questions asked.
    Thanks a lot truthinspector



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  • jonty_11
    05-22 10:45 AM
    I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.




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  • vnsriv
    11-14 11:49 AM
    There is no such thing as duplicate EAD. Everytime the EAD is lost, USCIS issues a new EAD with new dates of approval and expiry i.e. they treat it as renwal. If you are not using EAD, don't bother to apply for one. It costs around $300+(i am not sure on this) and needs to be renewed every year.



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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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  • eagerr2i
    07-16 11:40 PM
    I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?

    If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.



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  • gc1024
    07-17 07:04 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers


    http://immigrationvoice.org/forum/showthread.php?t=5132

    Don't forget to read the disclaimer.




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  • ds37
    02-04 03:31 PM
    Hi

    I think THey can not use spillover untill last quarter, as all the math is done for the whole yearand than applied monthly on a pro-rata basis. I n theory if they spill over each quarter and a huge (unrealistic but theoritically possible) demand devlopes in the last quarter they will be doomed so wait for the last quarter and see the magic(if any).

    Thanks

    DS



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  • shortchanged
    08-09 02:04 PM
    For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.

    My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.

    My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.

    I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
    Any way I am not withdrawing these apllications myself,to avoid any confusion.

    Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
    I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.

    My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.

    Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
    I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals




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  • Makaveli
    11-18 01:22 AM
    now...mdipi wouldn't vote for himself using that account would he?! =) :evil:
    i think lost's looks better...that flower looks sweet....nice try mdipi, i see an improvement from the images you made b4




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  • anai
    09-17 11:03 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.




    morchu
    04-28 06:19 PM
    I truly believe India IS a developed country.
    Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!




    stemcell
    07-14 01:43 PM
    Paskal/Pappu

    Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?



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