Jeff Wheeler
06-22 07:25 PM
oh
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Pankaj
08-15 01:24 PM
My understanding is:
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
I think in VA you are partially protected against the non compete law.
If contract says it is limited to maximum of 2 years and you can not work for some specific companies, unfortunately non comptete law is valid.
But VA gives a write to earn for your living. If you can proove that if you might not have taken this job, you would not be able to earn. Only you can challenge the non compete law.
Search on google, you might get good reasonable description of non compete law in VA.
justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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ita
07-25 01:21 PM
I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being
1. I had good relationship with my previous attorney.
2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.
Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.
Thanks.
I like your reasons.I have good realations with my employer.
My attornety is through my company though I paid her.
I'm still concerned with this 'what if my employer and through him my attorney do something that might harm my case if I move to another company'( as my old company will not have me and that will make their business a difference)
And it's attorney who will have to let me know if there is any RFE in future.
For the same fear I'm not even asking my attorney any AC21 related doubts that I have as she may go to my employer , tell him about it and that would be like giving him reason to believe I'm moving out even before I made any move.
If I changed the attorney then there is other set of reasons to be concerned about.
I would really appreciate it if any one could suggest something on this dilemma that I'm going through (having gone through this themselves or otherwise).
Thank you.
1. I had good relationship with my previous attorney.
2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.
Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.
Thanks.
I like your reasons.I have good realations with my employer.
My attornety is through my company though I paid her.
I'm still concerned with this 'what if my employer and through him my attorney do something that might harm my case if I move to another company'( as my old company will not have me and that will make their business a difference)
And it's attorney who will have to let me know if there is any RFE in future.
For the same fear I'm not even asking my attorney any AC21 related doubts that I have as she may go to my employer , tell him about it and that would be like giving him reason to believe I'm moving out even before I made any move.
If I changed the attorney then there is other set of reasons to be concerned about.
I would really appreciate it if any one could suggest something on this dilemma that I'm going through (having gone through this themselves or otherwise).
Thank you.
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golgappa
08-17 09:03 PM
Thanks to all for there replies
kondur_007
08-13 09:32 PM
Can you please tell us which service center you send your application to?
Thanks.
Thanks.
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raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
2010 Dakota Fanning - Dakota
snathan
08-20 03:33 PM
Hi ,
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Since you are deported and the ticker was paid by the US Govt, you are most likely banned to enter the country for 5 years. Even if you are going to the consulate, you wont get the visa. As you admitted guilty, I dont think you can fix this.
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rinkurazdan
05-30 04:45 PM
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006
Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006
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willgetgc2005
12-14 01:16 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
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american_dreams
07-31 04:48 PM
Noting to worry. You will get your DL in mail. Till then you can use the temporary one. Usually the offices in the same state will be aware of the policies. But if you travel out of state some times you might have to just explain to them if needed.
Till you get your DL in mail you have to use a differnt photo ID if needed.
Till you get your DL in mail you have to use a differnt photo ID if needed.
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uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
more...
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sunsuri
08-02 11:52 AM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
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freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
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stuckinmuck
06-15 04:14 PM
06/15/2007: BEC Backlog Elimination and PERM Processing Status as of Today
DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.
On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.
Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.
In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.
With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
DOL reports that as of today there are only 48,600 cases remaining to process, out which only about 200 cases are RIR and the balance is the TR cases. This total balance amounces to 13% of total cases received which was 364,000 altogether.
On PERM front, as we reported earlier, they had received more than 200,000 cases, out of which they processed 92%. At this time, denial rate is 20%, but they said the rate would keep going down.
Couple of good news. They are improving the certification notice via e-mail just like the current sponsorship notice via email so that the employer can quickly get the status report and seek remedy, should the employers fail to receive the hard copy certified application or other issues. They will start this email notice services from July 2007.
In July 2007, DOL is scheduled to publish a regulation in federal register to amend the current PERM application form, ETA 9089. The rule will be published with the two months comment period. Once the comment is reviewed and reflected, DOL will publish another rule with 90-day comment period on the revised form itself. The new ETA 9089 will not go into effect until March 2008. The new form will incorporate positive changes, particularly the H Section of the form.
With reference to the Visa Bullen for July 2007 and any relief including unresponsive amendment of the labor certification, DOL is aware of the problem and will try to resolve such issues as soon as possible such that the applicants do not suffer from inability to file I-485 applications because of such delays.
As to the problem of Atlanta National Service Center delays, there were rush of H-2B case filings and that Center had to switch around the resources from PERM to H-2B cases. However, the situation is under control and the Atlanta Center will see positive changes from here on in terms of the processing times. There are aware that in light of the immigrant visa number changes in July 2007, such changes should help in achieving some level of fairness.
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lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
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x1050us
06-25 09:46 PM
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
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sidd_k2002
02-11 07:46 PM
eyeswe:
Thanks for your detail explanation. I dont have any siblings in India, and i am an alone child. Regarding my savings, i have been a full time employee of the company for which i work since i was on my CPT and now as i am on my OPT. Now the question to me is that since i have about 16k dollars in my saving account right now, should i sponsor them based on my OPT or should i just remit all the amount back to india back into my fathers account, and ask him to self sponsor him.
I have heard that the visa officer does ask you about the transactions that are fairly big and failry recent ones. Woudnt it create a further doubt if i transfer this savings back to my fathers account, and be in more problem.
Please Guys , if you can share your advice here, it would be really helpful for me here. I really dont want my parents visa to get rejected the third time.
Sidd
Thanks for your detail explanation. I dont have any siblings in India, and i am an alone child. Regarding my savings, i have been a full time employee of the company for which i work since i was on my CPT and now as i am on my OPT. Now the question to me is that since i have about 16k dollars in my saving account right now, should i sponsor them based on my OPT or should i just remit all the amount back to india back into my fathers account, and ask him to self sponsor him.
I have heard that the visa officer does ask you about the transactions that are fairly big and failry recent ones. Woudnt it create a further doubt if i transfer this savings back to my fathers account, and be in more problem.
Please Guys , if you can share your advice here, it would be really helpful for me here. I really dont want my parents visa to get rejected the third time.
Sidd
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paskal
10-23 02:40 AM
need help..needs your help...no kidding!
step up :D
step up :D
hai_yeh_gc
04-26 09:41 AM
Guys, I made a silly mistake - I reversed first name and last name values - realized after submitting the form.
Should I put in a covering letter about the mistake with supporting docs.. or just let it pass through.. I'm worried that they might reject my application and I'll have to file again ( no refund !!! :( )
Any suggestions please ?
Should I put in a covering letter about the mistake with supporting docs.. or just let it pass through.. I'm worried that they might reject my application and I'll have to file again ( no refund !!! :( )
Any suggestions please ?
Robert Kumar
12-01 03:05 PM
1) You can stay home even without any job, when you have EAD.
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
I have one Question.
How does it work, if I go to India to work for my company (same company which is into products development) for 6 months and then come back.
Currently I am on H1B, and I also have EAD/AP. I am a July 07 filer.
What will happen to my H1B in this absence when I'll not be paid in US, but as India office employee in India.
And can I just come back using EAD/AP, do I need a new H1B approval again (current one expires Apr 2011)
Will staying away from US create problems for my pending 485, or future EAD/AP approvals.
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
I have one Question.
How does it work, if I go to India to work for my company (same company which is into products development) for 6 months and then come back.
Currently I am on H1B, and I also have EAD/AP. I am a July 07 filer.
What will happen to my H1B in this absence when I'll not be paid in US, but as India office employee in India.
And can I just come back using EAD/AP, do I need a new H1B approval again (current one expires Apr 2011)
Will staying away from US create problems for my pending 485, or future EAD/AP approvals.
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