nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
ragnarok
07-19 08:05 PM
Sorry, but I am very confused about this.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
peer123
07-18 07:36 PM
just bumping it up......
saileshdude
08-28 10:32 PM
I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.
Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
---------------------------
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
-------------------------------
Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).
I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
So with
a) H1 Revoked aug 28th
b) Address changed
c) AC21 not filed
I am thinking of not travelling. Am I overreacting here ?
You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.
Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.
more...
amsgc
01-23 12:08 AM
The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
amitjoey
07-11 02:54 PM
Hope someone is close enough to help.
Thanks korient, Hope somebody steps up for the interview.
Thanks korient, Hope somebody steps up for the interview.
more...
GCBy3000
07-06 12:00 PM
asked both the two questions posed by fellow members.
kprgroup
11-25 11:28 AM
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
more...
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.
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.
harish
06-04 11:34 AM
please help
I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.
I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.
For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.
I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.
I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.
For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.
more...
cybergold
05-13 09:25 AM
:beam:
FinalGC
09-16 11:55 AM
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
more...
ArkBird
03-15 11:17 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
sarasuva
01-30 12:37 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
USCIS site says that additional documents has been received and they will make a decision soon.
more...
tempgc
07-06 11:29 AM
Are you aware of July 2nd visa bulletin fiasco. It affected atleast 5-7 00 000 foreign workers each getting a loss of 3-4 000 dollars. DOS and USCIS played a bad game.
Can you http://www.nytimes.com/2007/07/06/us/06visa.html investigate and give us more details
Thanks
Can you http://www.nytimes.com/2007/07/06/us/06visa.html investigate and give us more details
Thanks
vamsi_poondla
12-20 12:14 PM
My Receipt Date is Sept 18th. I changed address before I got my receipt.
For address change,
1) On Sept 25th, I filed AR-11 online, then as a chain, modified the addresses on all my pending applications. I got letter confirmations. This happened in Sept.
2) I also called them in Nov to raise a SR since I did not receive the FP notices. In the SR, I again gave my new address.
3) Then today I got the status changed as Notice Returned as Undeliverable.
4) I called USCIS first thing in the morning and again raised a SR
5) I also took an Infopass to meet field office folks and ask for help
All this I did to my spouse also.
For address change,
1) On Sept 25th, I filed AR-11 online, then as a chain, modified the addresses on all my pending applications. I got letter confirmations. This happened in Sept.
2) I also called them in Nov to raise a SR since I did not receive the FP notices. In the SR, I again gave my new address.
3) Then today I got the status changed as Notice Returned as Undeliverable.
4) I called USCIS first thing in the morning and again raised a SR
5) I also took an Infopass to meet field office folks and ask for help
All this I did to my spouse also.
more...
SSSarkar
06-23 10:47 AM
I wanted to tell that only last year's tax return was needed. Nothing else.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
abhay
01-20 01:18 PM
Abhay,
It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.
Ann
Thank You Ann.
It is certainly possible that the response was based only on the information available online, but there is no way to know for sure. That is why it is important to get written confirmation that USCIS rec'd your RFE response.
Ann
Thank You Ann.
EB3June03
06-15 04:55 PM
I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.
Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.
Any ideas for those who got RFE for medical?
Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.
Any ideas for those who got RFE for medical?
buehler
03-05 09:18 PM
Wells Fargo might not be as bad as Citibank but is far from being considered as a stable bank.
kaybeedee
11-05 11:18 AM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
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