Saturday, June 11, 2011

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  • go_guy123
    11-03 04:47 PM
    Pls let us know if you would like to tell your story in a media interview?

    Sure why not.

    I came to us in 1999 did my masters here in US and graduated in 2001.
    I worked for some time on OPT and then went back to work in India.
    I came back in 2005 , the immigration situation being very bad with retrogression I applied for canada immigration from US ( from india
    there is a severe backlog...canada has a per immigration visa post backlog unlike us which has per birth country backlog)

    I recently got Canada PR , I joined the MBA here at U of Toronto.

    Had I been in my early 20s I would have thought about US imigration.
    Nowdays it take 7 to 8 years ....thats more than 10 to 15% of your productive life.
    I have talked to my friends ( from IIT delhi ) all of them have same opinion...its a lost cause
    now. Now that theyhave invested 5 years they dont want to quit.
    Only 1 in know who did MS in US and got GC. Rest were all PhD who got GC through EB1.
    EB2 , EB3 is all dead now.


    Now it too late I need to settled . How can I marry with the insecurity of moving from place to place in search of contract project, bodyshopper eating avay 30% of your billing rate etc.

    I have given up hope. There are challenges in Canada as job market is
    not that great but atleast I can sleep at night without having to worry
    about the immigration. Ihave one more friend working in Canada he also moved from US.
    The salary rate etc is lot lower in fact. On the whole Canada is hard for foreign educated...
    one of the reasons I am doing an MBA.


    1.5 years it takes for Immigration from US/Canada. Actually
    from Canada its faster but there is hope. The uncertainity in the US process
    is unbearable.





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  • Kevin Sadler
    September 7th, 2006, 08:40 AM
    antonio, arte verdade outro vez. obrigado.

    jeff, you can shoot the scene in raw and "develop" several images at the exposure that you want (0, +1, -1, etc) in your raw converter. that way you can guarantee that they'll line up. PS also has a pin register feature that will snap the images into place as you create the layers. combine those two methods and it's really fast. i use that often for action shots where there is no opportunity for in camera bracketing. good luck. later, kevin





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  • meridiani.planum
    07-20 12:00 AM
    Thanks for the response.

    My Priority Date is:

    March 16, 2001.


    What can you guys tell me?



    Thanks.

    your case has probably been sent to a local office for an interview. You can take an Infopass appointment to learn more about your case:
    http://infopass.uscis.gov/
    Also, call the USCIS 1-800 number and enquire about your case and whether you can file a service request about it...

    Its been ages since your 485 was filed! Do you have an attorney or was this case filed on your own?





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  • a_yaja
    01-22 01:35 PM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    Why don't you try to apply for the H1B visa again in India?



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  • Ann Ruben
    06-30 07:38 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?





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  • singhsa3
    11-04 12:28 PM
    Remind me again, why do we pay these attorney big dollars for??
    This is one BIG STUPID mistake by your lawyer that can potentially ruin your life. I am hoping for the best for you on the other hand I wish the stupid attorney of yours should be sued in case your application is not accepted.

    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.



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  • delhirocks
    07-26 10:39 AM
    Ha...

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.





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  • transpass
    09-20 12:04 AM
    Guys..i have noticed that so many other members has already been complained about the getting Red dots for no reason...i got the red for this post for just a spell mistake. This is too much and IV has to do some thing about this. Otherwise people will afraid or not be willing to post their opinions here...

    Dude/Dudet,

    Just chill....This is getting hilarious :):):)Are you interested in counting your red dots or participating in the IV community? Why do you put so much emphasis on a trivial and meaningless thing such as keeping tabs on red/green dots. Does having more red dots or green dots change anything in your life or others' lives...Take it easy buddy...:D:D:D

    Admin - Please take away all my green dots and give them to my buddy greencard_fever....



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  • tcsonly
    12-12 06:55 PM
    USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.

    Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.

    I didn't know CIS became so customer oriented all of a sudden.





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  • snathan
    09-20 02:09 PM
    Do not lose your hope on all these distraction...be optimistic and let the call campagin go on for the H.R 5882. Please call the comitty chair and ask for the mark up session. I have done that....did you?:D:D:D



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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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  • yagw
    12-08 02:14 AM
    On the infopass web site, there are four categories, and I can't relate to any of them. I don't have an SR because the rep refused to open one; I don't have a notice. Is it still possible to go for infopass?

    We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
    Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.

    Case Processing Appointment - If you received a notice to go to your local office for further case processing.

    EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

    Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

    You made a different selection at the first step.

    Under
    Please select Kind of Service you need
    You need Service on a case that has already been filed

    You are a new Permanent Resident and have not yet received your Permanent Resident Card

    You want to file an application in person

    You need information or other services

    You need a form.

    You are a United States Military Member, Military Retiree or a Military Dependant


    I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.



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  • zuhail
    10-30 02:02 PM
    I completely disagree with what gc_on_demand is saying.
    Even as recently as this week, Congress has passed some immigration provisions that has been added to other major bills and Obama has signed them into law. I do not believe that Hispanic Caucus is simply blocking every immigration legislation until CIR- that's just BS.

    Based on the statistics published by USCIS,
    MurthyDotCom : USCIS Shares Useful Info in Pending I-485 Charts (http://www.murthy.com/news/n_pndchr.html)

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    I think passing this bill help will definitely help the EB2 category which would consequently make more visa numbers available for EB3 category.
    I believe that IV should start a dedicated fund raising movement for lobbying efforts to help pass this bill.
    Sri.





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  • Canadian_Dream
    08-24 04:36 PM
    Name: Canadian_Dream
    City/Area:

    Question:
    What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.

    Thanks,
    Canadian_Dream



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  • number30
    03-27 04:45 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    What kind of green card you have applied for? What are you lookning to Do?





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  • pappu
    09-02 06:50 AM
    Its wonderful to see appreciation for core team here. Many of us work hard behind the scenes and are not regular on forums. Thank you all for your continued support and confidence in IV.



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  • subhasree
    11-14 11:29 AM
    Hi all,

    This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
    Your reply will surely bring peace of mind to me.

    Thanks





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  • EB3June03
    06-15 04:55 PM
    I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.

    Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.

    Any ideas for those who got RFE for medical?





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  • vikki76
    07-19 03:49 PM
    Translate yourself and get it approved by a friend/colleague who knows your written native language and English.
    Theory behind translation service is this- It is an open document, so whoever translating can not lie. If I translate incorrectly from Marathi, 100 other Marathi speakers or a Marathi literati can easily point that out.
    Something like our public key , private key encryption :-) :)





    MerciesOfInjustices
    09-30 12:15 AM
    link is broken
    Here is the complete article, I think -

    The Element of Surprise
    To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
    Web exclusive
    By Andrew Murr
    Newsweek
    Updated: 1:00 p.m. MT Sept 28, 2007
    Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.

    Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.

    Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.

    The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
    But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
    The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.

    Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.

    � 2007 Newsweek, Inc.





    kanshul
    08-19 09:46 AM
    Try another local offcie by entering another zip code.



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