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  • kumhyd2
    05-19 02:12 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?





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  • sreedhar
    11-09 12:57 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.

    Thanks

    Yogs.



    Sorry to hear...is your I-140 EB3 or EB2...If its EB2 then 4 of my friend got same results.





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  • nixstor
    11-17 09:38 AM
    Guys.. It has to pass through the house still..





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  • eagerr2i
    07-20 01:38 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.



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  • lskreddy
    08-14 12:04 PM
    Congrats. I am sure it is not easy to leave everything behind. I see a lot of positives in R2Iing and the worst case scenario is if it does not work, you could come back here with a fresh H1. Sent you a PM..





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  • needhelp!
    03-12 10:42 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!



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  • eyeswe
    06-03 04:00 PM
    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*





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  • zilmax007
    07-31 06:02 PM
    /\/\/\/\/\/\/\/\ Bump



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  • dilvahabilyeha
    06-18 02:24 PM
    Hi friends,
    Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.

    ------------------Here is the lawyer email---------------------

    As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
    1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/i-485.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    2. Form G-325, Biographic Information. You can find this Form on the Internet here:
    http://www.uscis.gov/files/form/g-325a.pdf
    Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.

    3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
    http://travel.state.gov/passport/guide/composition/composition_874.html

    4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.

    5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.

    6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

    The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
    Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
    http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

    Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.

    7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.

    8. Employment Verification Letter. I will forward a format for this letter to your employer.

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





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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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  • morchu
    05-04 02:42 PM
    No the H1B doesn't become INVALID.
    You just may not be eligible for another extension.

    All:
    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?





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  • mbawa2574
    07-07 07:53 PM
    I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.



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  • gchopefull
    12-17 12:48 PM
    did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
    sorry for the last post and thank you in advanced for your response





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  • NikNikon
    July 9th, 2004, 05:22 PM
    Alright, things are a bit clearer as far as what the numbers on my lens relate to. I was working well on my own in understanding the aperture's operation with the lower the f/number the more light let in and the opposite for the high. Where the light bulb went off over my head from what you explained is the minimum aperture settings in relation to the zoom. That would explain when I have my current lens opened up to 70mm why couldn't stop down to 3.5, I knew there had to be an answer. Thanks Steve, nobody clued me in on that piece of info. I think my next function I'm going to try and master is working with the camera's exposure lock, probably why the sky looks blown out in some of my pics. I'm still up in the air about 28-200mm, maybe I'll sell a kidney and get one that stops 2.8.



    OK...so your main interests for this lens are landscape, concert, and sports phototography. First off, when I say the lens is variable aperture from 3.5 to 5.6, that means at the low end f the zomm the aperture will be 3.5. At the long end (200mm) the aperture will be 5.6. The higher the number, the smaller the aperture. The smaller the aperture, the less light gets let in. When less light gets in two things happen, your shutter has to be open longer. and you get more DOF. This will effect your intended shooting situations. Concert photography requires large apertures (smaller f#s). So shooting with that lens in a concert setting will be difficult on the short end, and almost impossible the majority of the time on the long end. 5.6 will require a very slow shutter speed in that circumstance. Same for indoor sports. For landscapes and daylight work, you should not have a problem.....hope this helps a little.



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  • kumar1
    02-13 03:37 PM
    I have a feeling that most of the people on this forum would directly get senior citizenship in this country.





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  • indyanguy
    08-08 06:55 PM
    Does this logic hold good for i-140 processing as well? My 140 went through the NSC-CSC-NSC route and I really hope it's processed based on NSC timelines!!

    Edit: Wait a minute, 140 times are not even listed in CSC processing times (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC)



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  • imh1b
    02-16 10:48 AM
    Time for paid membership on this website...at least $5 a month..else, we will these kind of non-sense discussion threads...waste of time and resources (Including this message)

    These time- pass threads are better than EB2 Vs EB3 threads.





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  • Outkastpb231
    11-02 05:59 PM
    There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.

    Also you should make yourself a website displaying your work that you have now.

    :thumb:
    I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.





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  • lagsam
    12-17 05:08 PM
    In my case.

    What is the maiden name of my mother.

    What did I do in UK?

    Where did I go in UK?

    Did you travel anywhere apart from UK?

    These are just questions to find out if there are red flags in your answers.





    seeker_gc
    06-17 09:43 PM
    All
    First of all, sorry to open a new thread for my problem, but didn't find a related thread.

    I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
    Iam very much worried if it will effect my chances of getting GC.
    Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?

    Please guide me.

    Thanks in advance.





    ragz4u
    04-10 09:30 AM
    Bump ^^^



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