rgpr
03-28 06:19 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
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Iak123
06-02 11:01 PM
Thank You All for responding. That is very helpful
viva
01-27 07:52 PM
Excellent proactive attitude......This is what we need....
I would like to make the following pledge...
For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.
Anyone ready to take up my pledge?
I would like to make the following pledge...
For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.
Anyone ready to take up my pledge?
2011 Birthday - Click to get more
test101
07-19 02:09 PM
Yes you can. I'm not from india but i had the original BC and i got ranslated in the US.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
more...
summitpointe
04-09 04:09 PM
:)
go_guy123
01-06 11:00 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
more...
Vic
10-11 12:42 PM
Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).
2010 Belated Birthday Greetings
vinabath
06-13 10:41 AM
Success Formula for EB2-I:
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
more...
thokar
08-19 12:03 AM
I think depends on how many ears old your priority date is? I mean if your priority date is letz say 5 years old and today you are joining / getting promote to manager then yes you can. Every one know as time goes any skilled person will get promote or get into higher level...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
hair Belated Birthday - Orkut
acecupid
07-11 05:31 PM
Lets not get over board with excitment. Over doing it might be considered as harassment. Besides we have achieved the main goal of the campaign. Lets focus our resources to the rally. I think media attention thru flower campaign, rally and lawsuit are excellent strategies in increasing order of intensity to push for our cause. I'm glad you are excited to take this a step further, but lets focus our energy in the right direction!:)
more...
aroranuj
06-27 09:12 AM
SOMEONE PLEASE ADVISE!!!!
My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?
Thanks guys!!!!
My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?
Thanks guys!!!!
hot Belated Birthday Greetings
GC08
06-19 07:28 PM
Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).
Thanks in advance!
more...
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rickys_in
06-02 01:08 PM
We have couple of threads covering it.
1. Copy of I485
2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
4. Copy of DL (other id)
5. EAD filing receipt copy
In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
1. Copy of I485
2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
4. Copy of DL (other id)
5. EAD filing receipt copy
In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
tattoo elated birthday wishes.
eb2_immigrant
04-28 06:32 PM
I truly believe India IS a developed country.
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
more...
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gandalf1234
02-10 04:27 PM
Thanks a lot guys .... Now I am waiting for actual card and welcome notice . I hope to get it in 10 days .
Good luck to you all .
its being long journey for me and got totally frustrated after getting rfe on 140 but i guess god is kind to me .
Thanks,
gandalf
Good luck to you all .
its being long journey for me and got totally frustrated after getting rfe on 140 but i guess god is kind to me .
Thanks,
gandalf
dresses BELATED BIRTHDAY GREETINGS
nightowl76
08-27 07:22 PM
I received renewed EAD cards a week ago. I had applied a couple of months ago. I noticed that the renewed EAD card also says 'Fingerprint not available'. My fingerprinting was done in March 08.
Is this expected? Does anyones EAD card have a fingerprint on it?
Is this expected? Does anyones EAD card have a fingerprint on it?
more...
makeup Funny Belated Birthday Wishes
PD_Dec2002
07-05 04:53 PM
jonty_11, sundevil:
Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?
What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?
You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!
Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.
Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?
What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?
You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!
Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.
girlfriend Humorous Belated Birthday Card
amslonewolf
10-01 12:19 PM
Where did everyone get the 10 days estimate from??
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.
hairstyles A warm irthday message for
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.
kprgroup
04-03 04:40 PM
The RFE is about on what basis i am eligible to extend H1B?. I sent copy of my 485 receipt and MTR copy & letter from my current employer explaining my 485 is pending more than 365 days and AC21 we requested for H1 extension.I thought i am going to get only one year but ..got 3 year extension.If you need more details PM me your phone or email .Will glad to help you
Good Luck
KPR
Good Luck
KPR
gc28262
07-29 12:25 PM
Good One !
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