Wednesday, June 15, 2011

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  • desi3933
    04-06 04:34 PM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    You should consider getting professional advice from attorney who deals in employment and contact laws in your state.

    Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)


    _________________
    Not a legal advice.





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  • TamilSelvan
    03-16 12:01 PM
    My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.

    Our questions are

    1) Since she doesn't have any paystub/w2, is it possible to do COS?
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    3) How long does it take to complete the COS if done by PP.
    4) How much risk does this case carry/what are the issues she could face?

    Really appreciated your valuable answers

    Thanks in Advance
    TamilSelvan





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  • neoneo
    07-17 12:32 AM
    Hi,

    I have filed I-485 application myself for me & my wife on July 5th, 2007.
    I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
    What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
    Thank you.

    What cover letter ?.. did u sign all the forms ? those a important ! .. cover letter-- i don't think they care, unless it has some legal info. If it's just a list, it doesnt matter.

    ping ur attorney though.





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  • gauravster
    02-08 06:09 PM
    Hi,

    I am in a similar position, but slight variations.

    H1B from Jul 2003. Already on 7th year extension which expires in Oct 2010. My Priority date is Jun 2007 and I-140 is already approved but, I could not apply for I-485 in Jul 2007 window.

    I have the following questions.
    1. Can I change a job ? If so, for how long will the H1-B be valid.
    2. If the H1-B is valid, can the USCIS reject the application if the my current employer decides to revoke the I-140.
    3. If I-140 is revoked, is there is possibility to port the priority date or will it be an entirely new priority date based on new application.

    I have been getting conflicting opinions from different people. A particular immigration lawyer I consulted adviced me against a job change, though I might get a new 3 year H1B, he feared CIS might revoke it if I-140 is revoked (it is quiet clear my employer will revoke the I-140). Is there any guidance/cases regarding the same from CIS ?

    Thanks very much for your advice.
    Much appreciated.



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  • a_yaja
    01-16 09:27 AM
    Hi,

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.
    Niru

    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.





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  • Kushal
    06-18 05:57 PM
    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.


    Don't they have a package based on immigration requirements? You can get everything done by one surgeon..



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  • waitforevergc
    03-05 05:09 PM
    People,

    What does this mean? I am not too strong regarding finances, so asking.

    http://news.yahoo.com/s/afp/20090305/pl_afp/financeeconomyusbankinggovernment


    Does it mean there wont be insurance on our bank deposits if this happens?





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  • fromnaija
    11-14 11:47 AM
    Unfortunately for renewal and replacement EAD you will have to pay the new fee of $340 and yes your EAD will be valid for only one year.



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  • new2gc
    02-16 01:56 PM
    These time- pass threads are better than EB2 Vs EB3 threads.

    If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...





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  • rajenk
    10-19 11:21 AM
    OP,

    Check my reply in the following thread for your question 4.

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

    The sections I referred in the Adjudicator's Field manual means

    USCIS revocation for Fraud or misrepresentation in the application.



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  • billu
    05-10 12:26 PM
    By all means, I differ from your views, without discussion how we will we know what is going to be in the bill. the proposals are blue print summary of what is in store for a legislative effort. There should be always different viewpoints in a debate. NOBODY is going to have heart attack because of that. And this is not speculation this is actual summary of the proposals.

    But again. IGNORANCE IS BLISS! but sometimes that Bliss make you blush! and it is dangerous sometimes. so go wtih the wind. :):o

    well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??





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  • kirupa
    01-25 05:01 PM
    You can add a MouseLeftButtonDown event to pretty much any element! Just select and use the Events tab to set your event handler name: http://www.kirupa.com/net/creating_simple_wpf_gui_app_pg5.htm

    Both Blend and VS will auto-generate the event handler where you can insert some code :)



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  • gc_lover
    07-23 08:04 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.

    -----------------------------------------------

    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?

    Thanks





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  • xeixas
    09-08 10:43 PM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...



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  • reddog
    04-29 10:20 AM
    AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!





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  • aristotle
    07-11 11:40 AM
    Please see my other thread "Stop, Think!!" for my thoughts.



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  • Picasa
    01-22 01:16 PM
    I have an NRI home loan from the ICICI bank. I have been making the payment using my ICICI NRE account (via transferring money using ICICI Money2India service).

    They have been charging me higher rates on the home loan also they do not give good conversion rate for the $ on the top of that they charge various fees & they held the $ transfer for week to give the lowest possible rate.

    Anyway so, I decided to pay off the entire amount. I spoke to one of their bank officer that I want to pay off the entire loan and to my surprise I was told that I have to pay 2% fee for early payment of the loan.

    I am wondering if some one else is also in the same boat & give me some advise how to save some money as money is really tight in this economy.
    Thanks





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  • wandmaker
    02-17 11:43 PM
    I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.

    So check with attorney.

    Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.

    Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.





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  • CADude
    02-28 10:14 PM
    YES based on RD.


    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...





    jkays94
    07-11 09:37 PM
    Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf





    meridiani.planum
    03-13 08:39 PM
    Hi All,

    I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

    This is the matter that I have in my Graduate Status letter.

    "This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

    Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

    Please help me what to do with this situation and having letter from the university.

    no. until you complete all the requirements technicaly you have not completed your masters and cant use the masters quota.



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