Wednesday, June 8, 2011

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  • jsb
    01-08 10:22 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    ...
    ...
    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?

    Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.




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  • shana04
    11-05 02:34 PM
    What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.

    It all depends on the rollercoster where you have been in your life.

    May be one day I would be on the other side talking more optimistic.

    But I would never critic others opinion based on the fact that what they are going through (in life).

    But I would say good luck to you my friend.




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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,

    Right on the money.




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  • Britsabroad
    February 27th, 2004, 08:43 AM
    Good idea Lecter. A bit like remembering to tell your wife how she looks (caution advised) I have no problem with posting comments. I absolutely love to stare at the beautiful images on this site. From my novice perspective, they are just about all in the impressive to brilliant range. I get a lot of inspiration & ideas from you guys. The webmasters stunning sports & concert photography. Paul Popes absolutely knock out, whatever he does stuff. Don & Pressmans outstanding digital darkroom magic (Pressmans Exmoor phots are out of this world) Lecters I WANT TO BE THERE RIGHT NOW! phots. Bob Gleasons super sports images & across the board versatility. I particularly take note of Bobs stuff because I know he hasn't been shooting that long, so his learning curve has been pretty meteoric.

    By the Lecter, how much does it cost you to get 'noticed'? (Couldn't wait to get to that bit)

    "They can because they think they can"



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  • garybanz
    12-18 12:34 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...

    In the long run EB2 will be better than EB3




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  • shana04
    02-05 08:32 PM
    My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.

    Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).

    Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??

    Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.

    Thanks.


    Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.

    If you plan to change employer and what if he revokes your I 140. so better to renew.

    And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.

    Good luck



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  • immigration_law
    08-24 07:08 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL
    Hi Yingli,

    I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.

    The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.

    ~Justin Fok




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  • krishmunn
    02-07 12:25 PM
    There is no IT Project Manager role in flcdatacenter. There is no harm if your role says Project Manager but the wage data is based on CIS Manager (I have gone through that path). What does the Attorney say ?



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  • rjgleason
    July 18th, 2004, 07:15 PM
    Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.

    Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p
    Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!




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  • geevikram
    09-13 10:33 AM
    You probably know the answer already, but still...

    NADA



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  • go_guy123
    09-16 04:35 PM
    I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!

    View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)

    I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach

    It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.

    Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.

    "discussion", "debate", "study" , "meeting" these are code words for doing
    nothing.




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  • ags123
    09-22 07:38 AM
    just FYI, came back via SFO and had no reentry issues.



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  • glus
    05-13 08:26 AM
    Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.

    Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).

    Obviously you need to show about your strong ties in home country and why you might want to come back.

    But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.

    Morchu,
    Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.




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  • FredG
    February 26th, 2004, 10:27 PM
    Gotta admit I've not been very diligent about that. 5 a week sure sounds like a small committment. You sure that will be enough?
    Fred



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  • pappusheth
    04-21 06:44 PM
    I filed my H1 extension in late February and got it approved in mid March. This was not premium processing.

    It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.

    hope this helps..




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  • bkr
    10-26 10:41 PM
    Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.

    I am also in the same boat. LUD 10/18, waiting for AP.
    Received EAD and done FP.

    will keep you posted.



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  • hpandey
    06-16 01:44 PM
    How long has it been that you filed for I-140 ? Has it been approved yet.

    I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.




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  • h1techSlave
    10-14 04:29 PM
    This bill should be supported by all EB categories. 50,000 visas per year is significant.




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  • jthomas
    03-24 07:05 PM
    I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from 2checkout.com
    One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
    Once you have a sellers permit and you are paying taxes there should not be any problem.
    I am a sole properitor




    h1bdude1
    03-23 09:19 AM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1




    Raydred
    11-18 02:37 AM
    I voted for Bob.



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