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  • vasa
    07-13 11:55 PM
    done, it shows 2038 signatures now...

    keep doing this folks.. we need a multi-pronged approach...

    let there be "shock and awe"





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  • harish
    06-04 11:34 AM
    please help

    I updated my address via online at USCIS, sent the AR-11 via certified mail, only to find out that my current address was not on file for my I-485 that was pending at that time.

    I called TSC using POJ technique, and the IO who answered was very helpful and she took down my new address. I provided both mine and my spouse's receipt numbers and she updated the address for both of us. I had three soft LUD's only after I spoke to the IO.

    For those who have to change their address, please take some time and call TSC and verify your address on file! Hope this helps.





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  • SREE_485
    08-09 02:01 PM
    I am new member and will appreciate anybody clarifies my concerns regarding my I-485 filed on july 2nd.

    My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.

    I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.

    I didn't give attorney info on any of the applications except on G-28 FORM.

    BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.





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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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  • realizeit
    10-19 02:21 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,

    If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

    You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

    You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

    Talk to your HR regarding the different options.





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  • longwait4gc
    02-23 04:58 PM
    Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
    Yes you can start PERM but make sure you negotiate this condition before accepting their job.

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
    If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks



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  • seubert
    09-07 08:52 AM
    Hi All,

    My I-140 got approved in Texas and my I-485 & EAD filed in Nebraska on July 2nd.

    My 485 case has been transferred to Texas.

    Yesterday I & my family all got reciepts .

    Good thing is status of EAD changed to Card Ordered.

    So just relax who all are in the same boat.

    Best of luck guys,
    Seubert





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  • sayantan76
    06-01 06:57 AM
    Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
    I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.

    It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.



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  • JunRN
    08-26 03:22 AM
    It seems that all those whose application were sent to TSC, directly or indirectly, are very lucky. TSC has a way to fast-track the processing of applications. It is indeed much more efficient than NSC.





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  • acecupid
    08-02 09:31 AM
    hi thank you once again.

    my project is not that much long term project . after completing project again i have to go for " X " location only . In this recession time getting project in same place is very tough and then for every project we cant move our whole family but we single persons can adjust and stay with some friends in that project location.

    I said i moved not we all. sorry for that i might have tell you clearly before . i thought if i write everything its looks like bigger matter. so for suggesting me some guys cant take that much time to read full thing. so i mentioned only important things. anyway i really appriciate your good efforts . thank you.

    In that case I dont believe you have to apply for change of address. You can continue to maintain location "X" as your permanent address.



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  • miceelf88
    10-09 05:22 PM
    somehow double posted. My apologies





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  • immi_twinges
    07-09 07:42 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????


    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    the link is too big

    so, go to http://contact-us.state.gov/

    and find the option where u can email them.
    :o



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  • GC_1000Watt
    01-26 12:50 PM
    Question to Mr. President:

    In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
    And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
    Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.

    I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.

    Thanks in advance.
    One of the many a thousands of sufferer of slow employment based green card system.





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  • smgms
    07-01 10:21 AM
    First of all thank you for your reply. Here is what happened with my case.

    1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
    2. This week I received an RFE email for my case, still waiting for the actual Mail.
    3. Next day received the email "Document Sent to Applicant" for my wife's case.

    I used AC21 to change the employers. Can you guys let me know.

    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
    2. What do they mean by "document sent to applicant", which document are they talking about?

    Thanks in advance for your help!!



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  • god_bless_you
    04-27 12:53 PM
    With the following conditions:

    Approved 140( already 6 months over)
    8th Year H1B extension
    485 not filed(Regression!!)


    it is necessary that previous Employer has to keep I140 open Right??





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  • qtoask
    07-11 01:06 AM
    USINPAC: Not sure they have co-ordinated as per my understanding, Does CORE knows??


    Definitely they have not started this campaign.



    As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign.



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  • spaceguy
    02-18 10:00 AM
    I think you are in H1 status now. When your Passport is stamped with H4 then your status will be changed to H4. If you want to work again then you need to change again to H1 with change of status

    Does it come under new H1b quota ? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?





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  • EndlessWait
    07-12 10:10 PM
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    2. Medical tests are going to be valid indefinitely
    3. Ppl who've worked for X years automatically can apply for I-485
    5. All can apply as per the old bulletin
    6. ????

    cmon guys help me with this.i'm running out of ideas..:D





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  • m306m
    04-15 02:23 PM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

    This happened to me as well. The efile will fail because of the switch from ITIN to SSN. I then did not efile my taxes instead mailed it to the IRS. Next year you should be able to efile since the record is straight with the IRS.





    copsmart
    06-23 10:22 PM
    Same here.

    I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.

    Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.

    you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.





    chanduv23
    10-28 07:15 AM
    Come on Mariners - everyone must be at the meet.



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