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amitjoey
07-11 11:59 AM
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
GCD
07-31 11:25 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
EB3IFiasco
04-22 12:34 AM
Jonas - Are you sure you have a EB3 labor? i.e. less than 5 yrs of experience and/or a miniumum BS as opposed to greater than 5 yrs of experience and/or master's or higher (EB2)? If latter than you may file your I-140 under EB2.
EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.
EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.
Legal_In_A_Limbo
01-14 09:37 PM
please share ur experiences
more...
GCInThisLife
07-18 01:40 PM
Your EB2 PD is more than 2 years from EB3 PD. So, it may not make as much difference at the end considering the volume of PERM filings after March 05. So do what you think might be safer as dates may severely retrogressed in future and even cut-off date moment till 2005 wouldn't be any time soon and you wouldn't want to get I485 rejected due to problems in I140.
Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Rockford
09-10 11:13 AM
What about the consultants who work on three client places in a week. Three LCAs in a week ?
more...
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.
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.
ita
10-18 04:26 PM
Hi,
Can someone please tell me how do I create a thread for new posting.
Searched for New Thread ut didn't find any.
Thanks.
Can someone please tell me how do I create a thread for new posting.
Searched for New Thread ut didn't find any.
Thanks.
more...
amitkhare77
02-02 05:31 PM
My I-140 and I-458 have different A#. I always put both the number on the EAD/AP application i.e. A#123456/A# 7890123. no problem so far
Alabaman
07-11 04:54 PM
What part of "illegal" does Rep. Hostettler not understand? According to Congressional Quarterly, in April 2004, Rep. John
Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.
---> Culled from IMMIGRATION DAILY WWW.ILW.COM
Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.
---> Culled from IMMIGRATION DAILY WWW.ILW.COM
more...
raoece
07-06 05:10 PM
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
starscream
04-21 05:42 PM
Hi All,
Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.
Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.
Thanks
Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.
Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.
Thanks
more...
GC_ki_daud
03-13 03:17 PM
Hello Members and GURUS,
One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.
My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??
One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.
My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??
frostrated
08-10 08:51 AM
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.
So, if you do not get greened by end of this month, raise another SR request or take an Infopass.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.
So, if you do not get greened by end of this month, raise another SR request or take an Infopass.
more...
sandy_anand
10-04 10:01 AM
Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)
http://www.eb3chinese.org/resources/E3+Waiting+List.pdf
http://www.eb3chinese.org/resources/E3+Waiting+List.pdf
mbawa2574
04-15 12:05 PM
I was able to e-file but will need to send 8453-OL. Thanks again
more...
martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
sac-r-ten
11-19 08:29 AM
USPS won't do it for ever. But GC will surely take for ever.
They will do it for 1st 6 months. by that time you can change address on USCIS.
They will do it for 1st 6 months. by that time you can change address on USCIS.
lazycis
04-16 10:00 AM
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
vikki76
04-26 02:14 PM
In a bitter irony,MIT Admission dean resigned today after admitting that she had put fake degrees in her resume.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
gcisadawg
03-22 01:48 AM
My sympathies and condolences to the family. I hope that the strength of their belief gives them courage and comfort during these tragic times.
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