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  • bestia
    01-26 08:51 PM
    Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.

    I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.

    Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.





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  • chanduv23
    07-06 03:54 PM
    New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends





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  • looneytunezez
    03-03 03:50 PM
    it looks like it was a "hoax" or mistake on their part.

    my exp. has been that they are usually don't go for a "NO SHOW".





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  • yabadaba
    07-31 09:39 AM
    I don't know anything else about these cases, was checking randomly and I see cases filed for 5th and 11th have updates.

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +++++

    Receipt Number: lin0720051244

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    ====================================


    Receipt Number: lin0720551216

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
    it doesnt mean anything....u will see receipts from yesterday and today also..please see other threads on decoding the lin/src numbers

    in the end it depends on when ur application was opened and entered into the system.



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  • venky08
    12-30 05:24 AM
    i think gc_maine2 has a valid question...especially if you use H1 transfer (6-9 years) for the new employer and not EAD

    i am very curious myself to see how this will work out...any personal opinions please???

    very smart question by the way gc_maine2...:cool:

    Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.

    Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.

    Thanks
    Sree





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  • masterji
    08-09 09:17 PM
    It seems people who revoked AC21 during pre-GC stage, can continue to change employers in the post-GC phase. The confusion is for the people who stayed with their employers throughout the GC process. Please correct me if I am wrong.



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  • InTheMoment
    08-15 02:42 PM
    Two things I would like to mention here:

    First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:

    1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
    I have seen more than a bunch of folks getting RFE's for this specific reason.

    2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.

    3.) Any other history of excessive job-hopping.

    Please pitch in if you know any other substantive reason.

    Second,

    For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.

    I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.

    Go ahead and make the best of AC21!:)





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  • 485InDreams
    08-20 06:27 PM
    If i get correctly...Labour Substitutionhas been banned..right???



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  • LostInGCProcess
    03-02 03:03 PM
    this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.

    I was just curious to know and the reason why I asked was, if you read all the posts on this thread, one person (sheela) had a similar 'house visit' by an ICE agent...who was asking questions mostly on wire transfers...so, was trying to see if there was any similarity in both the cases?





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  • Googler
    02-20 07:03 PM
    http://www.aila.org/content/default.aspx?docid=24696

    Thanks. The most hilarity inducing section of this Q&A is this bit:

    "Q2. Why is this policy being implemented?
    A2. This policy change is in response to a 2005 DHS Inspector General recommendation that USCIS
    align its background check screening policies with those of U.S. Immigration and Customs Enforcement."

    That is SUCH a huge whopper. :D So they waited for 3 freaking years before implementing this!



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  • somegchuh
    11-26 04:06 PM
    I don't think 15-20% drop in 5 years is speculative at least not in California. CNN Money actually predicts a 31% drop in prices in East Bay of SF Bay Area! This is probably the worst time to get into housing market, at least in CA.

    But I agree with quality of life issue. Even the most luxurious apartment does not compare with a house. Having a backyard and a garage are the biggest and the best things that apartments do not have. Also, having your own house gives you a sense of belonging. Renting a house won't give you the same feeling. Also, I know more than one friend who used to rent a house but had to move out because the landlord decided to sell when the lease was over.

    So apartment doesn't offer the same lifestyle and renting a home might make you move every few years involuntarily. Best thing to so for those in CA itching to live in a house would be to rent a house that the owner is very unlikely to attempt selling. Any ideas on how to determine what houses are actually just rental property and and not really targeted for sale?


    I agree with some of your points. However each one of us is in a different situation and have different ways of dealing with situations. If you are happy with your current situation including renting, that's well and good for you.

    However taking a generalized view of the entire US housing industry and expecting 15-20% drop in 5 years is highly speculative. Such speculation maybe true for some housing markets like California, Arizona, Florida and the East Coast. However its not true for the mid-west where prices have been more stable. Besides job loss can occur even if one is on a GC. Nothing is permanent in this country. You always need mobility and that's the reason you have several professionals living in one city and working in another. Its not the end of the world loosing your job one city. There are always alternatives like the one just described.

    I strongly advocate looking at your current situation before thinking about buying a home. The lifestyle and quality of life experienced by living in a home is unmatched even by living in the most luxurious apartment. The security from owning a home comes from knowing your have your own place and mortgages payments you make help you in increasing your equity in the home which can be utilized in the long-run to start a business or investment in other things.





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  • chanduv23
    03-11 03:55 PM
    Gotta love this system...

    Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.

    They did not have any legal obligation to answer his query. They answered his questions by non answering it.

    Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.

    uscis/dol start investigatin and denying cases and study it and find fraud.

    now; Grassley is getting his way and starting to change policy.

    Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.

    At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.

    See how Microsoft answered differently when they got the query and compare to these guys.

    This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.

    It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.



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  • dummgelauft
    01-25 03:09 PM
    So their punishment is getting to live on an island in the south pacific? Sounds more like a reward... :D

    the keyword is "Un-Inhabited"..





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  • priderock
    06-27 05:05 PM
    I understand ...................blah....??? any ideas ??

    Yes, I have one :

    You missed adding another option in the poll.

    Option 3: "This idea is a non-starter, It wont work. "


    Why do you care if you had already applied ?
    Sorry !! Don't mean to beat the dead horse.



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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

    ------------------------

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..





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  • trueguy
    10-23 02:07 PM
    Are you talking about EB3-I? If not, ignore this post...

    EB3-I dates are in Oct 01, there are no cases to approve, what will they approve?
    What makes you think they are processing EB2-I more? Same logic applies here. Wait for the next bulletin, if you are EB3-I in 02 you'll get what is long overdue?

    If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?



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  • gcgreen
    08-12 01:28 PM
    Both your job descriptions say design develop and test applications using Win32 API and MFC (among other things) .... tell me why you are worried again...? :-)

    It is similar. The key words are "Design, develop, test .....maintain.... etc.." Look up the O*net code for 15-1031.00 - Your L/C will state this occupational code. This has a broad classification.

    I am in the same boat - my old job says ""design, develop, test wireless and mobile applications using Pocket PC SDK, MFC, Win32 API ........" and my new job says "Design , develop, test finaicial system applications using VC++, MFC, Win32API ........" I ran this through some lawyers and they say it is fine.
    15-1031.00 has a lot of titles that any software person can fit in.

    Old job title is "Senior Software Engineer" new job title is "Senior Software Developer"

    Fellow IVans - please comment if this is fine?





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  • apahilaj
    12-04 09:05 AM
    I just called USCIS today and the officer told me that they haven't scheduled our biometrics yet since they are overwhelmed with the applications. She said I should wait till next year.

    Also inquired about my name check and she said that they've started it and it's still pending...

    Only option is to wait it out as always...





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  • arnab221
    02-11 10:10 AM
    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,





    pd2001_12
    12-27 07:14 PM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?

    Thats too bad. Call your local congress man(either senate/house). I have seen people with relative success.





    sands_14
    04-13 11:02 AM
    No visa bulletins till October2007
    Thats what USCIS announced 2 weeks back
    So stay cool:)



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