Friday, June 10, 2011

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  • eb2dec2005
    10-16 02:20 PM
    Well, iam in the same dilemma. I was out of country for 3 months since March and out of job since then.I recently took up a permanent position.I did not inform my employer about it.The new employer is willing to give the offer letter which is needed for invoking AC21. I do have a copy of the approved
    I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.

    Is it a good idea at this point to invoke AC21 ?

    Please pass your valuable suggestions.





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  • Britsabroad
    February 27th, 2004, 08:43 AM
    Good idea Lecter. A bit like remembering to tell your wife how she looks (caution advised) I have no problem with posting comments. I absolutely love to stare at the beautiful images on this site. From my novice perspective, they are just about all in the impressive to brilliant range. I get a lot of inspiration & ideas from you guys. The webmasters stunning sports & concert photography. Paul Popes absolutely knock out, whatever he does stuff. Don & Pressmans outstanding digital darkroom magic (Pressmans Exmoor phots are out of this world) Lecters I WANT TO BE THERE RIGHT NOW! phots. Bob Gleasons super sports images & across the board versatility. I particularly take note of Bobs stuff because I know he hasn't been shooting that long, so his learning curve has been pretty meteoric.

    By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)

    "They can because they think they can"





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  • newuser2011
    05-16 04:15 PM
    My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.

    How long does it take to get the AP and EAD? Can she leave the country without the AP.





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  • sledge_hammer
    03-06 02:13 PM
    The state that's in your LCA

    Thanks for all the information and support, I really appreciate that.

    I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.

    I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.



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  • RRG
    07-11 05:46 PM
    Now that we have the people aware through Flowers, we can go for the big kill.
    Advertize in Newspapers in D.C., State capitals or National newspapers
    We can contribute ti IV and IV can advertize.
    Half page ad with facts, events and Rep. Lofgren letter.
    Nothing works better than mass media awareness
    What do you think IV?





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  • brb2
    08-27 07:50 AM
    Yingli
    Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.

    Thanks you all so much for the reply! I really appreciate it!

    How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

    I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

    I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

    YL



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  • sonu9
    07-30 12:45 PM
    hi thank you . yes we can, receiving letters from "x" address is not at all problem then is it fine to put X adress ? no problem right ? thank you once again.





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  • rpat1968
    09-10 11:47 AM
    MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.

    Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.

    Now I am eagerly awaiting my approval (primary + 2 Dependents).

    My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.

    If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.



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  • NikNikon
    July 9th, 2004, 07:11 AM
    Actually Steve I've been doing some reading and research but I've always been some what of a "show me don't tell me" type person. At the present I only own the Kit lens that came with the D70 (AF-S DX Zoom-Nikkor 18-70mm f/3.5-4.5G IF-ED). So you have me at a disadvantage when you speak of limitations of a lens that goes to 5.6 on the long end. Basically I'm looking for a affordable zoom for landscape, concert and sport photography. I've read several favorable user reviews but then not knowing the source of these reviews you don't know if they also gave four and a half stars to a coke bottle. Reading through posts here on the forum I can tell who are the professional photographers by their equipment knowledge. So saying that there are opinions I would find more valuable than others. In a nutshell I have found the lens in question on Ebay at a current bid of 250 dollars. If I am correct this is half of what it lists for. I'd just like to know if it would be a good buy/good lens for a aspiring photographer to begin expanding his lens arsenal with.





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  • harish357
    03-15 12:26 AM
    I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.

    How come they cannot consider my EAD, Official transcripts, Graduate status letter?
    Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?



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  • brij523
    02-19 12:50 PM
    We got some member for the meeting. We need more. Please join for conf. call.

    Thanks





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  • Templarian
    08-20 04:01 PM
    Really nice one. The mouth is perfect. I think with some themes they sort of need an outline though, not all the themes use the default white I don't believe.



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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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  • RandyK
    02-16 10:57 AM
    How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?



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  • gbof
    01-30 11:32 AM
    So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.

    please, see your PM





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  • deepakjain
    01-08 09:18 AM
    Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
    NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.

    Just my thoughts.All the best.

    THe process has changed the passport are now delivered the next day between 4:30 PM to 5:00 PM. Mumbai consulate no longer delivers the passport the same day of interview.

    Deepak



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  • mdipi0
    11-17 09:56 PM
    ok,,,this is mine. but...i never signed up. i know i didnt....weird.





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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.





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  • anand2007
    07-18 08:34 PM
    if your wife has chosen Consular processing when filing I-140, it is possible to go ahead with concurrent applications

    Hi Friends,
    I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
    The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
    Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
    Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
    My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..





    gjoe
    01-08 05:15 PM
    If you don't send the name change request with supporting documents before your wife's I485 is approved you will end up spending another $370 for filing I90 ( the fees includes bimetrics fees which is mandatory for I90)

    Change of name in bank, SSN, DL and passport is very simple and easy if you have all the supporting documents for the name change ( marriage certificate or the affidavit)





    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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