
gconmymind
08-15 02:13 PM
The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....

anilkumar0902
11-01 12:05 AM
PVGanesh,
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers

suny_saini
08-06 07:45 AM
oh sorry it was approved on october 2003 not 2002.

DSLStart
10-01 11:34 AM
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
more...

H1BDreamer
05-27 09:48 AM
Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.
So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.
Would that suffice? Could the petition be denied?
I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.
Thanks for any replies.

andymajumder
04-13 05:44 PM
We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.
a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.
b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.
c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.
In conclusion IV should definitely support this Bill.
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
$20 per month.
EB2 - PD Jan 05
a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.
b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.
c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.
In conclusion IV should definitely support this Bill.
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
$20 per month.
EB2 - PD Jan 05
more...

jfredr
11-14 10:31 AM
hey fearonlygod,
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
My previous two employers have also paid me less than what they have mentioned
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
My previous two employers have also paid me less than what they have mentioned

sareesh
03-29 08:13 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
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
more...

EB-VoiceImmigration
09-18 11:56 AM
@Pinky001:
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)
To the best of my knowledge, here are the answers to your Q's
1) No (because you are applying for different class)
2) H1 and H4 are not in same class.
Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.
Also refer the link below. where it listed H1 and H4 separately in Visa class table.
Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)

guesswho
04-10 01:55 AM
I though there is already an option where you could apply in PERM requesting transfer of the non-perm application to PERM (as against a new PERM application). That way you can keep the old PD.
more...

krupa
07-10 09:00 AM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.

Sushie
08-17 02:43 PM
Thanks redcard,
Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
more...

pd_recapturing
07-10 06:47 AM
Is there any advantage of submitting I-485 application now except to become plantiff in law suit?

vjone
04-09 05:19 PM
OP has asked a simple question, If you can answer it in simple manner do it. If not do not even respond to it.
If you think you are real smart then act like one instead posting you irrelavant comments here.
If you think you are real smart then act like one instead posting you irrelavant comments here.
more...

lkapildev
01-10 04:28 PM
:) May be you are caught on Name Check process.. Call USCIS and get your namecheck status.
Also USCIS process is a complete mess, if someone entered you under CHN quota then 2020. I hope that may not be the case as they have accepted your application even your PD 2007. You should be fine, have patience Use AC21 if you are not happy with your employeer. 6 months from approval of I-140 count that and move on.
Also USCIS process is a complete mess, if someone entered you under CHN quota then 2020. I hope that may not be the case as they have accepted your application even your PD 2007. You should be fine, have patience Use AC21 if you are not happy with your employeer. 6 months from approval of I-140 count that and move on.

qplearn
09-30 05:38 PM
You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.
I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.
Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.
I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.
Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.
more...

simon03
07-14 12:24 PM
Can someone please confirm the renewal fee required for EAD application (I-765).
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I

greencard_fever
07-17 11:01 AM
I think they are doing the right thing. We all should let them work on our cases instead of calling them. We all know how productive they already are. Calling them does not help them or us.
Calling them is just our self-satisfaction.We have already seen how good USCIS is working after July - 2007 Fiasco.I personally impressed the way they are working..i have seen so many I-485 approvals in my friend circle and at my work place from January,that it self incidates that USCIS is really working.
Calling them is just our self-satisfaction.We have already seen how good USCIS is working after July - 2007 Fiasco.I personally impressed the way they are working..i have seen so many I-485 approvals in my friend circle and at my work place from January,that it self incidates that USCIS is really working.

illinois_alum
09-02 04:40 PM
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
I think this is a standard response...saw it on some other post as well...
I think this is a standard response...saw it on some other post as well...
tp976
03-22 08:00 AM
I have done this myself and got approval couple of months back. There is no real risk of interfiling. Your eb2 application will for all practical purposes will be like a regular application ( years of exp till date, exp etc)
raj2007
06-18 11:19 AM
Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.
but I am not an expert so I guess others around here might have a different take. Best,
you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.
Can't you get EAD from local USCIS center after 90 days if it was not processed?
but I am not an expert so I guess others around here might have a different take. Best,
you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.
Can't you get EAD from local USCIS center after 90 days if it was not processed?
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