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  • msyedy
    01-08 03:18 PM
    You say it is 50-50.
    As per the cases that I have seen, it is 90(-ve) & 10(+ve).
    My brother and many of his friends have been refused. The age of the doctors matters a lot. Young ones no chance.

    Good luck





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  • sujith1
    07-12 03:34 PM
    Very useful - Now I have the receipt number - Let us see if its 2 yr or 1





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  • venky08
    06-22 03:01 PM
    there is no rule that says your spouse must have your last name. it is just your personal preference. (i am talking from the prespective of immigration application)





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  • gcgonewild
    08-15 02:16 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.



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  • corleone
    11-09 10:48 AM
    I did answer your question in my first post and asked you a question on which you replied:
    There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
    I'm answering your question, and you are being sarcastic - what do you expect?





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  • hpandey
    06-19 10:29 AM
    Before answering something like this, you should know what you are answering.

    I think you should explain what you are saying . going back to your previous posts you don't seem to be a particularly well mannered individual.

    I tried to help the guy best to my ability and I said what I believe to be true. If you can prove that I said something wrong then you should say that with appropriate links.

    I don't see any harm helping others who are trying to walk on the same path of immigration as we did legally.



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  • txh1b
    04-16 02:31 PM
    Other option is Try to get from University. They will have the copy for the sure.

    OP already did that and they seem to have purged it as per his first post.





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  • franklin
    07-17 06:10 PM
    I don't want to sound like a broken record, but please contribute!

    Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

    :D



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  • Humhongekamyab
    08-13 10:59 AM
    This thread should be deleted. Not related to our cause.





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  • samcam
    05-19 11:15 AM
    Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

    I have attached a screenshot of the members only forums... Take a look!



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  • Atishbazi
    03-31 03:26 PM
    I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?

    Atish.





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  • waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • funny
    10-08 03:46 PM
    Good news....Very bold move by Indian Govt.





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  • BharatPremi
    08-02 10:06 AM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

    Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)



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  • greyhair
    09-30 10:24 PM
    ... there are always idiots in any group.

    I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.





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  • PDOCT05
    10-30 04:40 PM
    Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.

    Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.


    I am very sorry to see this happened to you. Please talk to your lawyer and ask him to handle it good. Contacting local senators/Congressman will help you..good luck.



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  • div_bell_2003
    03-24 06:56 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.





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  • nkavjs
    11-09 08:52 PM
    I did answer your question in my first post and asked you a question on which you replied:
    There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
    I'm answering your question, and you are being sarcastic - what do you expect?

    Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
    Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
    Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
    Never mind.. I think you got my message.





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  • Charleh
    05-30 04:14 AM
    Most of the time you will hanlde referential integrity checks via SQL constraints or a double layer via your business objects and constraints together. If you wrap your update statements in a try/catch you can always catch any SQLExceptions first.

    Self incrementing IDs shouldn't be a problem - the data objects should be smart enough to know not to try to insert a key, and they will let SQL pick it. You shouldn't need to worry about these at all.

    As long as SQL has the constraints you shouldn't have any problems introduced by the application - the worst case is that the application throws an unhandled exception after trying to do an illegal insert. Of course if this causes any problems within the application and the data display it should be handled, but the actual underlying data shouldn't be affected.





    howzatt
    07-25 09:17 AM
    Anybody please help ....

    Check the home page. If you cannot find the details there, I would suggest that you find a lawyer or somebody who can search for you!





    OLDMONK
    07-09 09:02 PM
    So you are of the opinion that there is worse which can happen.

    To me this latest I485 filing issue is about as low at it gets. Specially the way it was handled, and the stick approach afterwords with no regrets by any one. (amongst others FBI name checks, retrogression, Country Caps, etc. etc.)

    Some Keywords to ponder on / References.

    Rice, Condoleezza - A little Inconvenience for applicants
    Journalists - Wrinkle in reporting numbers by USCIS


    Lets respect ourselves a little better and take a stand, not be docile and humble specially when given the stick. The tougher the immigration gets, the better, provided its dealt fairly and unequivocally.