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  • dan19
    09-11 04:14 PM
    What to advertise??

    ....Employer says, he did not hear anything from them to start advertising.





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  • s_r_e_e
    08-15 11:53 AM
    instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.





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  • vin13
    01-08 11:10 AM
    LostInGC,
    Why did you use AP if you had a valid H1-b?





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  • Munna Bhai
    12-14 10:16 AM
    Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.

    It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.



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  • EB3_SEP04
    07-01 07:37 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!





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  • Berkeleybee
    05-24 12:35 AM
    Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.

    best,
    Berkeleybee



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  • eb3_nepa
    07-20 05:29 PM
    if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.

    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.





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  • mckottayam
    05-02 06:07 PM
    We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.



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  • mwin
    08-17 02:14 PM
    I485 will be accepted, if all other things are good.
    Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.





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  • synergy
    12-03 06:29 PM
    I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...

    Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?

    Do I need to go back to my current employer once I get my green card?

    Is it possible to go back to H1B once I start using EAD?

    Appreciate quick responses.....



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  • alterego
    03-13 12:27 AM
    Congrats.

    Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.





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  • aug2007
    02-24 12:27 PM
    Thank you chanduv23. Your response clarified and gave the information on what I'm looking for.



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  • heywhat
    08-03 06:47 PM
    Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...





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  • Hassan11
    04-08 11:13 AM
    is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.


    I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.



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  • martinvisalaw
    03-17 11:50 AM
    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.

    2. What are the documents needed from employer A, if I want apply I-485?
    See previous answer.

    3. All my friends telling me, I can apply I-485, Is it true?
    See previous answer.





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  • indianabacklog
    10-24 06:16 PM
    I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.

    This is at US31 and 146th Street north of Indianapolis.

    I propose 11am.

    Even if there are only half a dozen of us surely we can achieve more than as individuals.



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  • jonty_11
    03-28 03:27 PM
    hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
    i know so close yet so far...that is the story of most here...so no surprises...

    U r just in the last throes...hang in there...

    How USCIS works is not worth discussing...u can never get an answer from them even if u sue them.
    I know of people who got GC in 2001 in 6 months (from india) while my labor took forever...who can explain that (same state, same Company)....its just not worth the headache.....at th eend of it all its still a lottery





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  • casinoroyale
    01-07 09:11 AM
    I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.





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  • jfredr
    07-27 09:00 AM
    can someone please throw some light if any idea





    San_Chez
    03-19 01:33 PM
    Hello jnrajan and King37:

    I am planning to apply to Canadian PR. Can you help me with information?

    Many thanks!





    optimystic
    03-31 04:13 PM
    This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
    Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.

    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !



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