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  • nixstor
    11-04 02:27 PM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?

    It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).





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  • smuggymba
    08-13 01:48 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

    ROFL....obama needs a calculator





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  • reddyram
    07-18 12:46 PM
    First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.





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  • dpp
    10-23 11:57 AM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.


    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.



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  • prioritydate
    09-21 11:27 PM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?





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  • eb3_nepa
    05-14 09:55 AM
    Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p



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  • optimistic
    08-01 10:58 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.

    Yes, she can go alone.
    The following is the list of documents that may be required to be produced at the American embassy for visa H4:-

    1. marriage registration certificate-orignal
    2. Wedding photos
    3. Wedding invitation cards
    4. Copy of labour condition application of principal applicant
    5. Copy of Pay stubs of principal applicant and copy of bank statement as proof of ability to support spouse financially
    6. copy of I-797 notice of approval of principal applicant
    7. Passport copy of principal applicant (all pages)
    8. Spouse's name should be added to the passport of the visa applicant, preferably it should be added in the principal applicants passport also. Though it is not mandatory.
    9. I-129 form of principal applicant-copy
    10. Principal applicants letter of offer from US firm-copy
    11. Principal applicants work experience letters-copy
    12. Web appointment receipt for interview
    13. Passport + one photograph
    14. Completed visa application form DS-156
    15. Completed visa application form DS-157
    16. Demand drafts for vfs fee and visa fee- both application and issuance

    Please check the US consulate website for a complete list as they may have changed the requirements.

    Hope this helps.





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  • mhathi
    07-20 09:15 AM
    I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?



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  • Mumbai_girl
    12-02 12:06 PM
    Dear Friend:
    I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.

    This link should explain all your queries

    http://www.vfs-usa.co.in





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  • Administrator2
    09-07 01:25 PM
    IV Core,

    I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)

    I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.

    Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.

    My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?

    I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?


    Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

    Walking_dude,

    If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

    Hope you understand what we are trying to say.



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  • chaituk
    10-21 11:42 AM
    Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

    My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?





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  • cagedcactus
    11-11 03:38 PM
    In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
    We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....



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  • katewill
    08-24 01:20 PM
    180K per BEC and 2 of them so 360K cases overall.
    hello days go by,
    kinda new here.
    is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

    overheard most are EB2/3 cases and not many 245i cases.





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  • abhijitp
    11-16 06:44 PM
    I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
    My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...

    How did you know your I-140 went to VSC?
    I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!

    BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)



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  • roseball
    08-04 07:46 PM
    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.

    If you file a L1 - H1 COS under premium processing and also file dependent petitions (H4) at the same time, even dependent petitions will be premium processed at no additional cost. In other words, you only pay $1000 towards your H1 premium processing and USCIS will also approve all dependent petitions. But you need to file them along with your H1. If you first file your H1 under premium processing and later H4s, then your H1 will only be premium processed.

    If I were you, I would get my family here on L visa and then file all the COSs at once.





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  • dngoyal
    07-27 02:32 PM
    Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
    Is it OK.

    Please confirm.
    Thanks for the earlier reply.



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  • zCool
    07-27 03:17 PM
    Do you work for some desi consultant who is trying to hold you?
    Even then Attoreny making willful mistake to help your employer hold you is rare..
    I have never heard you not needing signature.
    In fact not having signature is reason enough for denial.





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  • eb3_nepa
    08-16 09:39 PM
    We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.

    When will this NIGHTMARE end!:rolleyes:





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  • gcseeker2002
    08-14 02:52 PM
    I didnt know that you can send a single check for all applications.. ??
    It would have been better if you had split the checks.
    Dont worry they might accept it now.
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.





    gc_on_demand
    01-20 11:08 AM
    CIR was impossible all along. It was delusional to think such a political hot potato can pass.
    Not just my opinion ...but also that of IV board member: Greg Siskind.

    The good part is as democratic party losses seats....the CIR lobby weakens and piecemeal will have better chance.

    (1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen

    (2) If CIR fails why would CHC supports us in piecemeal..

    to me if no CIR then no piecemeal..





    fcres
    12-10 02:40 PM
    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex


    rajeshalex: Where does it say job duties should match? I was under the understanding that the occupational classification should be same/similar.



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