perm2gc
11-03 04:30 PM
The health benefit is actually indicated in my employment contract as part of my employment package. However, they later informed me that the health benefit is already part of my salary.
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
I actually signed a non-compete contract with my current employer(which means I cannot work for my current client if I switch employer). Now, I'm planning to move to a different employer, but I would be assigned to the same client. Can I argue that since they did not give me the health benefit that they promised me, then it should be okay if I violate the non-compete contract? Do you guys think I have a point of defense?
Thanks!
Not Really..Your NCA will have clause that you will not sue/take legal action against employer and you are given time to legal consultation before signing the NCA contract...
Try to find out whether NCA's are valid in your employers state..For sure i know California does not honor NCA's..
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anindya1234
07-17 10:34 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
himu73
04-13 09:18 AM
Hello
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
Can we a contact Indian/American organizations who can lend us support.
1. Today I read news wherein an organization of Indian Businessmen,Lawyers.Doctors are organizing fundraiser for Hilary Clinton. They are giving lot of money for her campaign. These people already have contacts with number of senators. They can help us in our cause at different level.
The Chairman of the organization in the news article Sant Singh Chatwal is a known hotilier in US.
http://timesofindia.indiatimes.com/NRI_group_to_raise_5_mn_for_Hillary/articleshow/1906983.cms
2. US-India Business Council is another such forum we can consider. Rediff has a news article wherein they are asking congress to increase H1s and make green card process easier. They have mentioned an address in Washington D.C
H St, Northwest headquarters in Washington, DC.
http://www.rediff.com/money/2007/apr/13visa.htm
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May 23rd, 2005, 01:47 PM
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seahawks
06-27 02:58 PM
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Reviewed all forms today. Attorney said if 485 form is correct, not to worry, go for FP and show all your proof.. but then I found out 485 form was wrong too, so waiting to hear from him.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Reviewed all forms today. Attorney said if 485 form is correct, not to worry, go for FP and show all your proof.. but then I found out 485 form was wrong too, so waiting to hear from him.
perm2gc
12-01 05:33 PM
Hi Gurus
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
more...
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01-25 04:47 PM
Please do not quote T(oilet paper) o(f) I(ndia)
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gccube
03-19 07:11 PM
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
I called up their customer service no and was able to reach an IO at TSC and asked about the FBI name check status. I did speak to an IO 3 to 4 times over a period of 6 months and initially it was pending but later on it got cleared. I did not ask for the exact date it was cleared but it was on feb1st 2008 that I found that it was cleared. But they did tell me the exact date on which the FBI name check was initiated. It was initiated on Aug 1st 2007 where are my 485 RD is June21st 2007.
more...
kaisersose
07-16 02:39 PM
You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.
Thank you, but I already know that one!
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jonty_11
05-15 10:27 AM
Good going IV..
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.
Yes I agree being current means NOTHING...if it retrogresses again befor eyo uhave your GC in hand...u will be in a waiting game again like always...so reform is the only solution.
more...
srinivas_o
05-08 02:27 PM
I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
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bigboy007
12-10 02:51 PM
My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue? + what is the issue of 140 porting if we are not informing USCIS about AC21 so how are we porting 140 ? is it automatically?
more...
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ragz4u
04-13 10:52 AM
Will IV be trying to campaign/lobby against the 180 day delay?
90 days is a US law for every bill. Again, I don't see what IV has to do with that!
The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!
In any case, we will stick ONLY to our agenda.
90 days is a US law for every bill. Again, I don't see what IV has to do with that!
The other 90 days is because of amendment. Unfortunately this amendment was unanimously approved by the SJC. Can't see how IV can campaign against something like this too! And I think its prudent to wait 3 more months than rankle some lawmaker about this. We need publicity, but not negative publicity!
In any case, we will stick ONLY to our agenda.
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ssdtm
10-13 03:34 PM
You are going there for a visa as a professional ( in IT, medicine etc). Dress like a professional. Need not be in a tie, but semi formal is recommended. How you carry yourself speaks about you. There is no rule, no norm, and no guideline but when it comes to communication, non-verbal communication counts a lot.
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gxr
10-15 10:41 AM
Folks - My (EB3) I140 got approved.
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007
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h1techSlave
09-27 10:25 AM
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
Now, amnesty bills are not the only bills that congress wants to pass. There are many other bills, that the general US population is interested in. Universal health care or defence related bills. Why not we latch on to one of those things?
I perfectly understand that we need support from some one else to pass our provisions. What I am saying is - illegal bus is NOT the only bus out there. Let's look around, there might be other buses to carry us to our destination.
"Aligning with illegals will be benefitial to us." That was the philosophy that we have been following all along. The result - you talk to an average American and he thinks we are illegals. You talk to lawmakers (IV's lawmaker meeting attendees can confirm this) and the lawmakers think we are illegals. That is why we may have start thinking of another strategy.
Now, amnesty bills are not the only bills that congress wants to pass. There are many other bills, that the general US population is interested in. Universal health care or defence related bills. Why not we latch on to one of those things?
I perfectly understand that we need support from some one else to pass our provisions. What I am saying is - illegal bus is NOT the only bus out there. Let's look around, there might be other buses to carry us to our destination.
more...
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paskal
12-26 05:04 PM
please feel free to join in
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
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rongha_2000
10-02 11:42 AM
Gotcha..!! Thanks..
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
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HRPRO
01-18 09:30 AM
H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
justice4all
02-25 05:01 PM
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Hi rameshvaid,
Are you sure, H4 qualifies for FAFSA. My wife is on H4 and she doesnt have SSN. I think if one has SSN, it doesnt matter whether they are in H1, H4, F1, EAD .. they can apply for FAFSA. Am I right?
thanks
Good Luck..
RV
Hi rameshvaid,
Are you sure, H4 qualifies for FAFSA. My wife is on H4 and she doesnt have SSN. I think if one has SSN, it doesnt matter whether they are in H1, H4, F1, EAD .. they can apply for FAFSA. Am I right?
thanks
samrat_bhargava_vihari
06-25 03:50 PM
Why he sent before date?
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
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