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  • krajani2007
    08-15 11:25 AM
    I work for company A. I found a project for myself with X through another company B. (The end client is X and the middleman is B. My company A has contract with company B NOT WITH company X (end client)

    I have an offer from end client X and my company is in the process of suing me in Virginia as I have a non-compete agreement not to work for client/end client or client's end client.

    Has anyone come across such situation. Please help me.

    I work on hourly rates and don't get paid if I am on bench. Can this be used nullify the contract as this is not legal on H1.





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  • niklshah
    08-25 11:02 PM
    Hi all!

    I did quick search on this website and notice nothing about infopass experience at Detroit, MI office ( ... I am sure someone smarty pants is going to say I didn't search hard enough), anyway I wanted to share my expereience, so started this thread.

    I have apointment tommorow, and will share what happened ( or didn't). If you had been already thru this, please feel free to share pointers.

    Regards and Peace!

    I had info pass at detroit office last year regarding my EAD application. They were of no help, they called just in few minutes but it was of no help guy was really rude and he did not want to see any documents which i wanted to show him. so it was of no use. than i went to Senator Levin's office and they were of real good help they followed up on my case and i got my approval in couple of days.

    anyways

    good luck for your meeting.





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  • ita
    08-13 04:34 PM
    My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.

    I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?

    After I switch jobs will I be able to go back to my old employer if I would want to .
    Appreciate it if you can help me on this.

    Thank you.





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  • villamonte6100
    10-15 12:01 PM
    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?

    Colorado is one and very very strict.



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  • a_yaja
    12-17 10:08 AM
    Dear Yaja,

    Thanks for your detailed response and i see that there is a valid point in yours.

    Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?

    Thanks in anticipation.

    Regards,
    Raj

    Yes - that should be good enough. You can tell the visa officer that you just joined the new employer and still do not have any paystubs from them. Get a letter from the new employer with the starting date. That should be good enough. Take all the paystubs from the old employer. Just be truthful and honest and don't worry - you should get your visa without any problem.





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  • koti
    10-29 10:30 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



    **************

    Thanks for the info. Really helpful.

    Koti



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  • pbojja
    06-02 09:20 PM
    pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
    Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

    Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

    Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality





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  • vin13
    07-27 02:12 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    You are not obligated to inform USCIS about job change. So do not worry about that part.



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  • alterego
    03-16 10:43 AM
    I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
    So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
    As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
    Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
    Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
    Happy travels folks, quit worrying so much and live your lives.





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  • snathan
    08-05 12:06 AM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.

    The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

    http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf



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  • gcnirvana
    01-29 12:42 PM
    Gururaj Deshpande - Founder of Sycamore N/w
    Naveen Jain - Founder of InfoSpace





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  • ramaonline
    01-02 01:44 PM
    Chk this
    http://www.immigrationportal.com/archive/index.php/t-232784.html



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  • Jaime
    01-30 04:17 PM
    Hey guys, can anyone help? I’ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

    1- Approximate PERM processing times (from filing time) for EB2
    2- Approximate I-485 and I-140 processing times from filing date for EB2
    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
    4- Are I-140 and I-485 still being filed concurrently?

    I know there are trackers, but I find them all confusing!

    Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

    (or send me a private message if easier, thanks!)





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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,



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  • h1techSlave
    11-18 05:39 PM
    Since you are from Russia it may be wiser to stick with EB3. I am assuming that the priority date for EB3 will be very close to current when you are ready to file for 485. EB2 of course is always current.

    Filing in EB2 is riskier, since you and employer will have to prove to USCIS that 1. the employer has a requirement for a person with EB2 qualifications and 2. you have those qualifications.

    If you were from heavily retrogressed countries such as India and China, then taking a risk and filing in EB2 is worth it. For India/China:
    EB3 --> GC when you are ready to marry off your grand children
    EB2 --> GC when you are ready to marry off your children

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael





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  • bidhanc
    02-01 10:28 AM
    Hey Shana,
    I hv sent you a PM.
    If you could check that.
    Thanks



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  • diptam
    06-23 09:17 AM
    If i apply 485 now and Ead/Ap later after August Bulletin can we avail
    Free EAD/AP ?? That will save $350 together !

    I mean is that possible - what's this Free EAd/ap deal ?

    dont forget july 4th is a holiday..so when they come back on the 5th they will have applications touching the roof.

    but from what i am hearing a lot of people are waiting for august bulletin and will apply on july 31st with the higher fees to avail the free ead/ap.





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  • jfredr
    07-23 12:04 PM
    Hi
    Just to know who signed ur I-485 at NSC



    R.Mickels





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  • Dhundhun
    05-21 08:03 PM
    When LUD?
    What is soft LUD? what is Hard LUD?

    LUD = Last update date by USCIS
    Soft LUD = status did not change due to update
    Hard LUD = status changed, if registered, email will be sent.

    Registration process:
    1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
    2. Add cases to your portfolio, in list display it will have the following columns
    ....Receipt Number
    ....E-mail
    ....Last Updated (by USCIS)
    ....Form #
    ....Title

    The Last Updated above is LUD.





    dealsnet
    01-13 01:48 PM
    What you did is illegal. It can affect your H1B and GC.





    eadguru
    11-02 12:59 PM
    I got the same queries guys.
    i think most of vermont transferred applications are getting it.

    i will also send color copies of all the documents mentined by you.

    how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.

    appreciate any responses.

    thanks,
    srikanth
    Sent the all the existing I 94's and Passport.



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