mk26
02-10 08:12 AM
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Is this in same county? If so then you may not need amendments..(not sure though)
Is this in same county? If so then you may not need amendments..(not sure though)
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pady
06-18 03:38 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
2011 2011 calendar printable may.
GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
more...
bobsmith
07-30 05:00 PM
Any comment?
http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html
Specter has new immigration package
By Elana Schor
July 27, 2007
The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.
Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.
�I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�
Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.
The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.
Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.
http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html
Specter has new immigration package
By Elana Schor
July 27, 2007
The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.
Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.
�I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�
Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.
The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.
Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.
njboy
07-05 02:07 PM
you are not eligible for social security/retirement benefits etc
more...
maddipati1
12-11 02:06 PM
emmNemm,
read page 3&4 in the instructions for I-131 in the link below
http://www.uscis.gov/files/form/I-131instr.pdf
it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.
options,
> getting H4 VISA stamped
> apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)
better get a legal advice.
leo,
cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
read page 3&4 in the instructions for I-131 in the link below
http://www.uscis.gov/files/form/I-131instr.pdf
it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.
options,
> getting H4 VISA stamped
> apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)
better get a legal advice.
leo,
cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
2010 2011 calendar printable may.
hellomms
05-27 03:29 PM
Guys, I have added information in the original thread, please refer to the link below and add your questions, concerns or comments there.
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
http://immigrationvoice.org/forum/showthread.php?t=18853&page=16#post251110
more...
JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
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bbenhill
01-08 12:24 PM
totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.
I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)
I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)
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chanduv23
09-14 04:59 PM
Yes All The Winners - Lets Go To Dc
hot Printable May 2011 Calendar
gcdreamer05
10-02 01:47 PM
I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.
Thanks
RFE one pending 485 or RFE on what, please clarify...
Thanks
RFE one pending 485 or RFE on what, please clarify...
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GC08
04-04 08:56 PM
I am kinda wishing it were down... it is too depressing to see those days never move. :(
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sac-r-ten
05-12 02:58 PM
Does frankfurt require transit visa if some one is traveling to India if:
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
DontCare, why do u care, Mate? LOL.
Jokes apart.
You should be ok with the visa (no stamping). I had 2 friends travelling via FF with 797 notices ,got stamping in India and came back via frankfurt.
So i guess AP should also be okay.
hope this helps.
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
DontCare, why do u care, Mate? LOL.
Jokes apart.
You should be ok with the visa (no stamping). I had 2 friends travelling via FF with 797 notices ,got stamping in India and came back via frankfurt.
So i guess AP should also be okay.
hope this helps.
more...
pictures may 2011 calendar printable
snathan
05-04 12:00 AM
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.
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bluez25
07-22 06:03 PM
Tinku,
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
How can you be so sure that I should be ok even when the dates move back? any links for me to read on information...
more...
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jthomas
05-05 06:16 PM
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
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jthomas
06-02 10:47 AM
where can i download photoshop from?
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eb3India
04-19 11:46 AM
MINE PD IS ALSO 5/03. R U SURE THAT WE CAN FILE NOW? WHAT IS CURRENT PD FOR INDIA NOW?
THANKS
CHHAYA
yes you can file, infact USCIS made procedures very simple and they have opened drive-ins 485 filing in aliance with McDonalds, just take all your papers tommorrow to drive-in window and don't forget get your fries
I am amazed by ignorance of these people, google, read do some research before typing anything stupid
THANKS
CHHAYA
yes you can file, infact USCIS made procedures very simple and they have opened drive-ins 485 filing in aliance with McDonalds, just take all your papers tommorrow to drive-in window and don't forget get your fries
I am amazed by ignorance of these people, google, read do some research before typing anything stupid
cheg
07-19 11:47 PM
Just want to let you know though that if you file on or after July 30th, the fee for application of I-140 will be the new one. It's only for I-485, I-131 and I-765 that will be honored for the old filing fee until the 17th of August. :)
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
samcam
10-24 01:59 PM
Thanks Chanduv23! Hopefully it will be a RFE :)
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