krajani2007
08-15 03:18 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.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
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 ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
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.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
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.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
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.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
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 ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
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.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
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.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
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orion
11-07 05:01 PM
Yes i had also applied OCI for my child about 6 months back and was denied since we parents hold indian citizenship. Does anybody know that registering every 6 months is a must ? Some of my friends have permanentely gone back to India i am not sure what they are doing though since there kids hold US Citizenship. Any infomation on this will be helpful.
- A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
- PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.
Google for references. If you don't find it, I will look up and post it.
- A child under age 16 (with any visa, including PIO) don't need to register with FRRO. But many Indian immigration officials conveniently forget this and harass you. So you better take a print out from official Indian Government website.
- PIO card holder needs to register with FRRO when the stay exceeds 6 months for the first time and that registration is valid until PIO expires. PIO is valid for 15 years, so you will register once in 15 years at the most.
Google for references. If you don't find it, I will look up and post it.
GEEGEE
07-24 10:10 PM
Hello,
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
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eblues
09-05 11:51 AM
Hi everyone,
I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.
I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.
Am I trying to do anything illegal or that might make me fall out of status?
Thank you everyone,
Pierluigi
I'm quite new here. I hope I'm not doing anything inappropriate by posting in this board, I've tried to use the search function to no avail.
I'm currently in the US as a J-1 exchange visitor (research scholar) to perform research at a university in Missouri. Last year I started training a sport pilot in my country and I would like to keep doing that (or rather restarting from scratch) here in the US. I'm aware of the TSA clearance required for aliens wishing to start flight training and I'm the process of obtaining it; however I've been told by the international office of my university that enrolling in a flight school could be a violation of my immigration status. They are not sure, the TSA refers me to USCIS and they (as contacted by the flight school staff) refer me back to the TSA. I'd like to shed some light on this issue.
I'd also like to make clear that the reason for my being here is completely unrelated to airplanes, flight or flight training -- I'm a computer engineer. Flying is and will continue to be just a hobby, something to do on Saturday afternoons for at most 3-4 hours a week, probably less if I won't have so much money to spend on it. I'm also already quite good at it (~25 hours under my belt) but formally I'll have to start from scratch because previous experience in the category I trained for in my country is not recognized here in the US. I'll also focus on single engine light sport aircraft, exclusively for recreational purposes (no passengers, no nothing). Obviously no matter how the flight training thing will end I'll keep working full-time during weekdays (and some more...) at the university.
Am I trying to do anything illegal or that might make me fall out of status?
Thank you everyone,
Pierluigi
more...
sanu121
12-22 05:07 PM
Austin+1
Count me in.
Count me in.
eastindia
04-26 03:09 PM
Go watch the simpsons instead of starting funny threads
Simpsons is not cool. It is gay.
South Park is hot.
Simpsons is not cool. It is gay.
South Park is hot.
more...
Munna Bhai
01-18 01:08 PM
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.
BTW - Canadian Dollar is doing better that USD...!!!!
If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.
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gsthantry
12-31 05:17 PM
+1 from Dallas
more...
sdudeja
11-20 12:56 PM
Hi
Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.
All the best
Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.
All the best
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rajenk
02-11 07:18 PM
Thank you all. I am going to get an appointment with the doctor (CS) who is in my medical group. I will keep you all posted how this goes and about the odd file processing even though my PD is way far from the current PD date!
more...
hydboy77
06-12 07:50 PM
Great Job vine93. In addition to telling your story of sufferings,disappointmenst becsue of the retrogression also get some talking points from IV maybe Pappu can provide you some, not that you need any, everyone of our sufferings are talking points by themselves. Please convey them how people from India are waiting for 10+ years without any chance of GC in sight and have to wait for another decade or so to get there green card. Good luck, I have called my congressman and vented my frustrtaion at how people from India china are suffering because of country quota and because of recapture of visas not happenning.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
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MDix
01-06 10:29 AM
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months.
Unless, USCIS advise them on the low demand from ROW. Until then DOS is not going to do any spill-over other than FB left-over from last year( 10K).
Unless, USCIS advise them on the low demand from ROW. Until then DOS is not going to do any spill-over other than FB left-over from last year( 10K).
more...
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tnite
07-19 09:49 AM
Does anyone know if it is easier to get medical residency on EAD as opposed to H1/J1 or are you considered in the same boat as H1/J1 applicants?
thanks
On H1/J1 you have to find a sponsor to accept you in their program. With EAD you can work for anyone.Of course the pool of institutions accepting folks on EAD is bigger than H1/J1 .
Whether it's easier or not depends on your credentials , talent etc
thanks
On H1/J1 you have to find a sponsor to accept you in their program. With EAD you can work for anyone.Of course the pool of institutions accepting folks on EAD is bigger than H1/J1 .
Whether it's easier or not depends on your credentials , talent etc
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franklin
03-23 01:51 PM
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
more...
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freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
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raidohri
05-30 08:44 PM
Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now
more...
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wellwisher02
03-29 09:37 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
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sachug22
07-16 01:51 PM
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).
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gjoe
01-03 04:38 PM
I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.
I maybe wrong, but the trend suggests what I have mentioned.
ganguteli
03-22 01:13 AM
Your experience in current job may not add up as experience.
But do not go by that. What is the requirement of the job for which labor will be filed?
But do not go by that. What is the requirement of the job for which labor will be filed?
Nw2GC
04-30 12:16 PM
I was wondering if they have restarted premium processing for I-140 yet?
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