Wednesday, June 15, 2011

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  • pcbadgujar
    09-23 11:22 PM
    You may not be in position to get exp letters from previous employers due to various reasons e.g., company is closed or they give exp letters in a set format which does not mention what you did there.

    In such scenarios Experience letter from X-Colleague or X-Manager from the same company with/under whom you worked will be OK. X-colleague/Manager does not have to be in that company now.

    I gave an experience letter to one of my friends who worked in my group in India.
    He got his EAD.

    Ask the lawyer what kind of language should be there on the exp letter... My friends lawyer gave the language to him.
    The person issuing the exp letter has to mention how he knows the applicant and under what capacity you were working,
    contact information etc etc.
    Hi rbharol,
    Did you have to notarize the exp letter that you gave for your friend ? Does it need to be on some company's letter head ? My friend is not working in the same company so he would not get the company's letter head that we use to work in.

    Thanks,
    pcbadgujar





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  • Ann Ruben
    01-29 11:23 PM
    Thomson,

    I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.

    If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.





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  • FredG
    July 18th, 2004, 07:54 AM
    What an interesting plant! I like the second one better, as it isolates one plant and you can see that all the parts really do belong to just that one. DOF must have been quite a challenge.





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  • pmb76
    07-17 07:00 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

    Below is a rough checklist I prepared for myself:

    1. Six Photographs with name on back in pencil. YES

    2. Copy of Birth Certificate with affidavits from Parents. YES

    3. Checks for Filing fees. YES

    4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

    5. Color Copies of passports. YES

    6. Copy of I-94 both sides. YES

    7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

    8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

    9. Medical examination Report. YES

    11. Letter of Employment. YES

    12. Copy of EAD and EAD application receipt. YES

    13. Bank statement. YES



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  • pappusheth
    04-21 06:44 PM
    I filed my H1 extension in late February and got it approved in mid March. This was not premium processing.

    It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.

    hope this helps..





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  • GCwaitforever
    03-24 02:32 PM
    Nope. Unless it has some Technology concentration.



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  • k_usa
    12-01 12:42 PM
    Same with me. Mine is also H1 extension with VSC.
    My notice date is 10/31/08 and RD is 10/28/08

    Hello Everyone,

    My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.

    When I do the case search on USCIS.gov site, it says:

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."

    I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.

    Thanks


    PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.





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  • vamsi_poondla
    12-20 12:14 PM
    My Receipt Date is Sept 18th. I changed address before I got my receipt.

    For address change,
    1) On Sept 25th, I filed AR-11 online, then as a chain, modified the addresses on all my pending applications. I got letter confirmations. This happened in Sept.
    2) I also called them in Nov to raise a SR since I did not receive the FP notices. In the SR, I again gave my new address.
    3) Then today I got the status changed as Notice Returned as Undeliverable.
    4) I called USCIS first thing in the morning and again raised a SR
    5) I also took an Infopass to meet field office folks and ask for help

    All this I did to my spouse also.



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  • freeskier89
    01-14 12:35 AM
    I'm impressed! :) Very nice work!!





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  • cygent
    07-01 04:45 PM
    20K ...is that what it cost you so far ??? that is way too expensive.. I agree how can a poor laborer afford such fees ?

    I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
    If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:



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  • aachoo
    03-18 10:06 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?


    Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.

    -a





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  • GC Struggle
    03-13 04:05 PM
    Can you tell me if all the 140's have been applied and approved from the same service center.

    The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.

    To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...



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  • chitra
    02-26 02:08 PM
    Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.





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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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  • rayen
    12-02 01:15 PM
    Experts,

    My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....

    I have approved 140 and my PD is : AUG 2006 EB2- I.

    STATEMENT OF LEGAL SERVICES


    H-1B visa extension deposit $ 700
    H-1B visa USCIS filing fee $ 320
    H-1B visa AWCIA filing fee $1,500
    H-4 USCIS filing fee $ 300

    Balance Due $2,820

    Thanks, Rayen





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  • singhsa3
    07-25 04:06 PM
    Excellent point, I think, this is exactly the sort of pros and cons analysis we need on the ideas generated on this forum.

    BTW: I thank you for the constructive tone of your message when providing the feedback.

    this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.

    so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.



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  • lj_rr
    07-28 07:05 PM
    I efiled in 2nd week of July and got approved in 8 calendar days.Already got the notices by mail.

    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna





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  • swo
    07-05 01:40 PM
    My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.

    It's impossible to know. It depends how many applications were ready for approval by the time October hits.





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  • clockwork
    07-06 10:53 AM
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:





    traveldoc
    09-24 08:14 AM
    Good to know no issues Dude.





    immiguy
    07-18 01:25 PM
    Hi,
    Hello all,
    Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.

    My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.

    At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?

    Gurus, please help



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