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  • yestogc
    06-09 12:33 PM
    I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog





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  • vin13
    01-08 03:35 PM
    I have been in US for 12 years now starting from F1 to several H1-bs. The IO did not look for anything. He just looked at the photo page for identification, AP copies





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  • Can2004
    07-13 11:07 PM
    My I-140 has my employers head office address in Part 1( as petitioner/employer). My future job location in I-140 petition is different from the one I am currently working at( on H1B). My H1b and I-140 were filed for different locations.

    Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.

    thanks for all previous replies.





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  • saibalagi
    11-09 01:13 PM
    Hi One of my Friend also got same issue for his I140( Eb2) regarding his degree, I140 got denied.
    After that he has done Education Evalutaion per number of hours sunject/subject with Career Education Evalution , then Appealed.
    But case is still Appeal Court.


    I don't know how long it will take to get out put. But in his Edu. Eva then went for subject /subject and gievm Equalent to Ms degree in USA.

    I think this could help
    I'm pretty much sure you should get Ms degree in USA with your B.Sc. Physics and MBA.

    Thanks.



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  • letstalklc
    05-31 09:09 PM
    Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?

    One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.

    I would advice you better check in advance as soon as you have job confirmation





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  • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • jonty_11
    02-05 04:25 PM
    Sounds like another case of Consultancy Exploitation of Skiller Worker (CESW).
    If they are not showing the intent to deny letter, they may be want to prevent you from quitting the company and going elsewhere now that u have ur 3 yr H1B with you.....be mindful of that.





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  • IneedAllGreen
    06-21 04:51 PM
    Since this thread is open and dont want to wast resouce on new thread. I want to ask people those who had already filed 485/EAD/AP that did anyone has taken photos at Walgreens.

    I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.

    Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.

    Thanks
    INeedAllGreen


    ^^^^^^^ bumping up



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  • chi_shark
    05-07 11:14 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?





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  • milind70
    10-09 02:22 PM
    Hi,

    My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.

    Actually she got her FP and EAD notice receipt number to the same address, but card returned back.

    But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.

    Request:

    Can you please let me know , how to reach customer service representative with options type?.


    This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
    saying that she had received all her prior communication from USCIS here
    (for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
    The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.



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  • yabayaba
    08-19 11:28 AM
    Hi,

    I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?

    Thanks,
    Raj

    Yes...You could....





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  • anilsal
    12-19 10:14 PM
    I think the idea should be to get the callers from IV over zip codes that are dispersed across the country. Plus the calls should be daily from a few of the members. Maybe like 5-10 calls per day till SKIL bill gets cleared?

    What do you think?

    Sen.Cornyn should get to know that his bill is important (of course the tech industry has made its intentions clear by pushing for it). Now if the members of IV also keep calling amidst the negative calling campaign from the anti-imm group, it would do us a world of GOOD.



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  • chanduv23
    04-18 10:55 PM
    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.

    well yes and no. depends on a lot of factors. If there is nothing wrong with your case, you dont have to worry.

    Only issue is - getting a denial and applying for MOTIC means spending money and unnecessary tension and if you are out of the country when you get a denial - it gets extremely complicated.

    Once preprocessed, there is no reason for USCIS to touch the files until the dates are current so hang in there. Do not stress.

    Know what is going on and be prepared.

    Playing it safe and stressing and trying to get total control over your situation will only result in added stress and not good for health.

    I would strongly recommend that people must really come forward and lobby hard for atleast a recapture bill or any other bill. We MUST all start working extremely hard to get our issues resolved and IV is a wonderful platform.





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  • Imigrait
    03-05 06:47 PM
    Agree with hpandey



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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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  • tempgc
    07-06 11:29 AM
    Are you aware of July 2nd visa bulletin fiasco. It affected atleast 5-7 00 000 foreign workers each getting a loss of 3-4 000 dollars. DOS and USCIS played a bad game.
    Can you http://www.nytimes.com/2007/07/06/us/06visa.html investigate and give us more details
    Thanks



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  • SunnySurya
    07-28 02:52 PM
    I am also confused now!
    [QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?

    I feel that many EB2 filers before June 2006 have got this LUD.





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  • Leo07
    09-16 03:39 PM
    Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.

    So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )

    That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....





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  • gettinthere
    01-08 10:50 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks





    jackisback
    10-06 05:23 PM
    Really? Did they give you that information?
    I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
    They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number





    Rajwaitingon140
    11-28 12:42 PM
    My Attorney filed my I-140 @ NSC and I-140 reciept date is DEC'21'2006; I see on my I-140 case LUD is Jan'8'2007; does this means my case also was approved on Jan'8'2007?; after that no LUD on my case.

    Any input on this would be great help!

    Thank you
    RT

    I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.



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