perm2gc
11-03 04:30 PM
The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
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pappu
08-08 03:59 PM
IV is organizing nationwide calls for its members that are taking part in the August 2009 action item. These calls will be providing our strategy and tips to everyone for the upcoming congressional visits. It is very important for everyone taking part in the action item to attend these calls.
==================================
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
==========================
Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.
Thanks
Team IV
==================================
Call 1:
Tuesday August 11, 8 PM EST
Call 2
Wednesday August 12, 9 PM EST
==========================
Note:The call-in codes will be posted on the state chapter yahoo/google groups. Please contact your state chapter leader. If you do not have a chapter, you can contact your nearest state chapter.http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52. The chapter leader will verify you and provide this info.
Thanks
Team IV
indianabacklog
02-01 02:14 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.
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53885
05-14 07:53 PM
They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
more...
mmk123
09-13 11:40 AM
There is NO Eb1/Eb2/Eb3 divide for our cause... the issue is unfair country based quota for highly skilled immigrants. I have many friends who are rotting in EB3 even though they qualify for EB2 (due to company policies).. one of Ivy League PhD graduates I know is rotting in EB2 (C).. so these are thin lines..
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
pappu
06-13 03:56 PM
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
more...
GCwaitforever
03-17 12:53 PM
First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
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alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
more...
p1234
09-26 10:39 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.
Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.
We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.
Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.
Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.
We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.
Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.
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ganguteli
02-09 11:53 AM
US experience won't count much unless you are from fortune 500 company. These days anyone even with Aptech certificate can get a chance to come and work in USA on L visa for short assignments. So if your experience is in a desi consulting firm, I do not think your resume will be attractive.
The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.
Grass is always green on the other side
The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.
Grass is always green on the other side
more...
kumarh1b
01-23 02:28 PM
Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
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maddipati1
04-08 06:26 PM
i rub ur wrong side, u rub my wrong side...
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sgorla
02-20 04:51 PM
If you filed in PERM system, you should be able to find your case. I was able to see my case based on the LC case number. DOL has database for fiscal years 2003 thru 2006.
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
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dreamgc_real
08-03 12:05 PM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
more...
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ash0210
12-02 11:53 AM
**** READ question 3 from May12,2005 MEMO (or search/read the full Memo)
20 Massachusetts Avenue, NW Washington, DC 20529 HQPRD 70/6.2.8-P To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS From: William R. Yates /S/ Associate Director for Operations United States Citizenship and Immigration Services Department of Homeland Security Date: May 12, 2005
Memorandum for Service Center Directors, et al.
Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 3. What is �same or similar� occupational classification for purposes of I-140 portability?
Answer:When making a determination if the new employment is the �same or similar� occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the �same or similar� occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of �same or similar� occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Guys,
Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?
Thanks
20 Massachusetts Avenue, NW Washington, DC 20529 HQPRD 70/6.2.8-P To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS From: William R. Yates /S/ Associate Director for Operations United States Citizenship and Immigration Services Department of Homeland Security Date: May 12, 2005
Memorandum for Service Center Directors, et al.
Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 3. What is �same or similar� occupational classification for purposes of I-140 portability?
Answer:When making a determination if the new employment is the �same or similar� occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the �same or similar� occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of �same or similar� occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Guys,
Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?
Thanks
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dollar500
08-09 09:13 PM
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
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ilikekilo
04-19 05:21 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
try this
not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.
watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.
BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.
lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
try this
not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.
watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.
BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.
lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck
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DDash
08-30 01:07 AM
Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.
If the other party came to know that the conversation was recorded, they can counter sue.
Here is a link for laws surrounding this in each states.
http://www.rcfp.org/taping/
If the other party came to know that the conversation was recorded, they can counter sue.
Here is a link for laws surrounding this in each states.
http://www.rcfp.org/taping/
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martinvisalaw
07-15 12:27 PM
Required documents for H1B Visa renewal lists the previous employers experience letter...
Please advise me....
Thanks,
Sangeetha K
Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.
Please advise me....
Thanks,
Sangeetha K
Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.
saibaba
07-16 06:03 PM
wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....
guy03062
04-17 11:22 AM
Also when last year, congress approved recaptured 50,000 visas per year for Nurses, USCIS updated it immediately after Bush signed the law and also published interim visa bulletin to reflect those changes.
Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
Same way, how should we interpret here in case this immigration bill is signed by Bush, will USCIS allow to get us those benefits immediately or need to wait 90 days?
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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