Friday, June 10, 2011

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  • Michael chertoff
    01-27 02:01 PM
    Congratulations my friend.

    We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.

    I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.

    Thanks everybody.!

    EB-II (India)
    PD - April 2006
    Filed 485 (spouse & myself) - July 2007
    485 Approved / Cards recd - January 2011.





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  • HRPRO
    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.





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  • meridiani.planum
    07-20 12:00 AM
    Thanks for the response.

    My Priority Date is:

    March 16, 2001.


    What can you guys tell me?



    Thanks.

    your case has probably been sent to a local office for an interview. You can take an Infopass appointment to learn more about your case:
    http://infopass.uscis.gov/
    Also, call the USCIS 1-800 number and enquire about your case and whether you can file a service request about it...

    Its been ages since your 485 was filed! Do you have an attorney or was this case filed on your own?





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  • zdash
    10-28 08:32 AM
    As far as I know, your only options to get GC are:

    -- DREAM ACT (which is not something you can control)
    -- Marry a US Citizen (which obviously is something you can consider)

    In the meantime, whatever you do, do not go out of the country.


    Roseball,

    I really appreciate your input and I think I know my situation pretty clear at this point. :)



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  • drona
    07-09 08:43 PM
    Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.





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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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  • gc28262
    07-29 10:52 PM
    Searching in Google, the good way | Code Purity (http://blog.code-purity.com/archives/2009/7/24/searching_in_google_the_good/)


    There are huge set of techniques by which searching in Google can be done more accurately, and here is a list of them that I frequently use.


    1. Whenever we search for more than one keyword (i.e. computer programming, here we use 2 key word. a) computer b) programming) at a time Google will handle this keyword using a method called Boolean Default. Google's Boolean default is AND; that means if we enter query words without modifiers, Google will search for all of them. If we search for:

    computer programming


    Google will search for all the words. If we want to specify that either word is acceptable, we can put an OR between each item:

    computer OR programming


    If we want to exclude a query item from search results, use a -.(minus sign or dash:

    computer -programming


    Note that there is no space after the (-) sign.

    2. To search for a phrase use "" surrounding the phrase. like:

    "Some Interesting Google Search Technique"

    3. Period (.) and Asterisk (*) can also be used as traditionally used.

    4. To search anything from a specific site use site:site_name.

    google site:share-facts.blogspot.com

    This will search for the term google only in the specified site. Note that there is no space after the (:) sign.

    Eg: ead site:immigrationvoice.org

    5. To restrict search to title of web pages we can use intitle:search_keyword

    intitle:google

    6. Use inurl:search_keyword to restrict search to the URLs of web pages.

    inurl:google

    7. To search in body text use intext:search_keyword

    intext:html

    8. Searches for text in a page's link anchors

    inanchor:"google desktop"

    9. To search for a specific filetype use filetype:desired_file_type

    bangladesh filetype : pdf

    10. To search a copy of the page that Google indexed even if that site/page is no longer available at its original URL or has since changed its content completely. This is particularly useful for site/pages that change often.

    cache:share-facts.blogspot.com





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  • sts_seeker
    07-05 05:09 PM
    Hey guys,
    See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
    I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
    thanks



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  • cybergold
    04-28 03:07 PM
    Oh no... The link is dead. I am going to have to make my own site and put it up, i'll try getting it back up asap





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  • nkavjs
    09-26 05:00 PM
    Ok I made the decision. I emailed my sponsor (employer) to change me from h1B to EAD and will be a part-timer. I will be working 10 hrs per week.
    Possibly I might work 10-15 hrs with a different employer too (in same field).
    I was asked to change I-9 form and update the changes.
    Am I supposed to do anything else from my end, which my employer has not told me yet?
    Do I need to file for ac21 if I am going to also work for a second employer (same field) for a part-time hrs on EAD? I will continue working with my sponsor employer , but on part-time hours for now.
    DO we see any trouble with my GC processing?
    EB3-india July 2003, I140 approved 2006.
    Thanks
    RPH



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  • h1techSlave
    10-28 02:14 PM
    what visa are these legal immigrants coming on?


    The author is talking about Family visa categories here.





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  • waitingimmigrant
    10-22 05:19 PM
    Thanks for the encouraging words Admin. We must unite in this journey together.
    God bless everyone !



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  • addsf345
    01-13 04:01 PM
    Yes. This is an old case.

    Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

    Thanks!!

    it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!





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  • wandmaker
    06-06 03:12 AM
    USCIS will send an RFE for missing photos - You can send the photos after that



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  • desi3933
    06-24 07:51 AM
    are you sure that the dates can retrogress by july 15???

    Do you have a precedence of such thing happening???

    I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.

    People always believe in what they want to. It is so strange.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002





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  • wandmaker
    12-06 11:30 PM
    My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    Your attorney's opinion is incorrect. You can request for 3 years extension as your 140 has been approved and PD is not current. If you PD is current, you will get only 1 year extension.



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  • rameshk75
    08-15 09:37 AM
    Thanks for your replies.

    What will happen to the 140? Do they need to file for any amendment?





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  • CheckRaise
    10-09 06:12 PM
    Thanks for the responses! Sorry to reply both responses in the same thread.

    No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.

    I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:





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  • a_yaja
    03-27 05:58 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D





    augustus
    06-19 01:56 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





    nrk
    04-09 05:53 PM
    congrats



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