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  • Dhundhun
    01-26 06:42 PM
    This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.

    You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?

    I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.

    Do you intend to break before 12 months?

    I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.

    If possible avoid troubles otherwise, you already have several suggestions.





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  • lvinaykumar
    11-26 04:28 AM
    Looks like i need to find a new job to file under EB2 :D





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  • eb3India
    04-13 11:19 AM
    May Visa Bulletin is out. EB3 ROW and Philippines seem to have moved by 1 year.

    "Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year."

    good atleast something is moving,

    congradulations ROW and Philis





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  • skp71
    12-12 09:49 PM
    What's going on with EB3 ROW? No movement at all!! What's goin to happen in coming months???



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  • webm
    10-30 03:01 PM
    PD: EB3 ROW, Apr 2004, Current now
    I-140 :Approved on Mar 2006
    Invoked AC21 on September and sent all necessary docs. No LUDs then.
    I think ex-employer have revoked I-140 already but not sure (He threaten me in 2007 that he will do so in I invoke AC21).

    Now check this out:
    Soft LUD on I-140 on 10/15/2008.
    Soft LUD on I-485 on 10/24/2008.
    Soft LUD on my spouse's I-485 on 10/27/2008.
    Soft LUD on I-485 on 10/29/2008.
    Soft LUD on I-140 on 10/30/2008.
    Soft LUD on I-485 on 10/30/2008.

    I am clueless! Somebody please help me! :confused:


    good luck for you!...looks there might be some activity going on with your case or it could be a just routine update..we never know..keep hope.. :)





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  • KanME
    07-19 04:24 PM
    I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(

    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?



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  • munnu77
    04-18 08:22 AM
    what is BEC?

    Backlog Elimination centre





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  • Abhinaym
    07-29 12:37 PM
    Is not DUE the limits, is due many aplications from India.
    The reality is pending ROW 2005 - 12,815 India 2004 - 14,191 :eek:

    Well if the system were fair, it wouldn't say x pending ROW, it would be like x pending eb3 and y pending eb2. Yes, there are a lot of applications from India, it is a large country! But why should it be relevant in EB based processing?

    Did you choose the country you would be born in, or is somehow one's skillset dependent on national origin?



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  • nonimmi
    05-22 04:10 PM
    Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?

    Chill out! If these LAWJOKERS didn't make you mad already then how logiclife's post can?





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  • angelfire76
    06-09 10:53 PM
    Just hot gas...nothing more.
    It is not going anywhere. The message is clear. People of color are not welcome, specially INDIANS, and now looks like Chinese too.

    Do you know how many people from S. Korea, Japan and from Africa apply for GC? You are making an extremely pre-mature and rash statement which might alienate what's probably the only developed country in the world which is still not hostile to people of color.

    If EB3 is moving faster than EB2, then you can figure out why I'm sure. Don't blame the porters, blame the system.



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  • Edison99
    08-02 10:15 AM
    Very old article date December 17, 2007 :-(

    The backlog of visa applications is a significant issue. It has been written about previously, and the USCIS has faced a good deal of criticism over it. Here is one piece of such criticism: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)





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  • dilbert_cal
    04-03 04:44 PM
    8 more webfaxes done for 10 and 11. ( through my colleagues )
    Another 17 to go. I know I'm slow but I'll reach there. :-)



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  • kumar1
    01-04 03:10 PM
    Now as I am thinking hard - H4 might stand for HAREM visa. Bring as many as you want and have your own Harem!





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  • Saburi
    02-12 04:12 PM
    H1B transfer was regular transfer but my new employer used the same job code as specified in labor.

    My attorney, then send the AC21 with new employer offer letter to uscis.

    hope this helps

    Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.

    Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.

    Please do advice on this.

    Saburi



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  • Libra
    01-29 09:54 AM
    bump





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  • sats123
    06-19 02:22 PM
    Yeah, how would I get the letter if he is not willing to.

    But he still needs the Employer Verification Letter from his employer. :(



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  • gcnirvana
    07-06 04:04 PM
    Also let all your friends/family know about tonight's interview. This will encourage them to visit IV and ultimately join and contribute :)
    BTW, Great Job IV and Good Luck Doc!!

    New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends





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  • vasireddyanil
    02-19 09:42 PM
    adibhatla,

    Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
    -------------------------------------------------------------------------------------------
    Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

    On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

    8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

    The decision leaves you without lawful immigration status���.
    --------------------------------------------------------------------------------------------

    After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
    Notice Type: receipt Notice.
    Amount received $585.00

    It states that
    This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

    The notice number you are referring is same as I mentioned or different?

    I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





    Employer: A

    December 13, 2002: Labor date:
    October 26, 2004 I-485: Filed
    April 28, 2005 I-140 Approved (EAC1)
    May /2005 I765 Approved
    September 16, 2005 Used AC21- and moved to new employer.
    April /2006 I765 Approved
    Aug 26 2006 Went to India for 1 month vacation using AP
    Sep 20 2006 Returned to US
    April /2007 I765 Approved
    May 13 2007 Went to India for 1 month vacation using AP
    Jun 02 2007 Returned to US
    February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
    was transferred and is now pending at Texas

    February 22/2008 I765 Card production ordered.
    NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

    March 03/2008 I140 Notice Returned as Undeliverable

    March 05/2008 I485 Denial Notice Sent


    August 28, 2008: the post office returned the notice we last sent you on
    this case I485 APPLICATION TO
    REGISTER PERMANENT RESIDENCE OR TO ADJUST
    STATUS as undeliverable
    Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.

    Nov 26 2008 MTR received and pending

    What will be my fate? How long should I wait??





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  • rsrikant
    08-10 10:26 AM
    Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.

    don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
    jumping the line part i understood. but the first part of your quote is not true...





    ychuck
    07-02 04:52 PM
    Medical Exam: ~800 (me + wife)
    Photos: 60
    birth/marriage certs: 200
    paid working hours off: 400

    Pain before and after: lot!.





    americandesi
    10-11 05:56 PM
    One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.

    Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.

    This is indeed an acid test for small employers.