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Thursday, June 16, 2011

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xu1

04-10 11:06 AM

I will send an email after work with details.. Can't use webbased mail right now at work.

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NikNikon

September 7th, 2006, 05:37 PM

I guess I was doing this technique before I knew it's offical name, here's the last shot I recall.

http://www.dphoto.us/forumphotos/showphoto.php/photo/40657/ppuser/931

Silly me, I did it the hard way, hand held. :confused:

P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.

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InTheMoment

04-03 03:15 AM

Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.

Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.

Doing this should be your first order of business.

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Britsabroad

December 3rd, 2008, 08:00 PM

Ed - Dang. Wish I hadnt chickened out! I could have handled what you went through... Ordred thru amazon (d300 and 24-70 2.8) It will be interesting to compare notes over time...

Owen

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rick_rajvanshi

03-20 03:55 PM

USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding

WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.

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chi_shark

05-06 03:03 PM

Does replying to RFE along with all required documents means GC is coming soon ??

Augustus..did you get GC yet ?

Thanks

yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...

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dilbert_cal

04-25 12:04 AM

WillGetGC2005 - here is my understanding of your case :-

You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

If the above is correct, you do not need to do PD transfer or start any new labor process either.

What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.

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hebron

08-31 12:47 PM

Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

Hey H1Girl, kriskris did not use the word "ATTRONEY".

ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
ATTRONEY - Word yet to be invented/discovered in english.

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mdipi0

11-17 09:52 PM

hey, i just found out i have this account?

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srinivasj

05-18 01:34 PM

I read those threads....I appreciate his efforts and patience in doing it...those articles are though provoking..

it is not random fun or irrelevant topics..

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skdskd

08-26 09:32 PM

I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.

I think so too

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vxg

09-17 11:48 PM

Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.

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nixstor

12-19 01:55 PM

Good idea. Should we orchestrate our calls so that there is no more and no less than 5 calls every day? I agree we have to persistent on this because he is our only hope.

I thought that we should call one senator or(and) congressman every day.
I guess IV core doesnt want to do it for some reason.

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fide_champ

02-15 09:19 AM

What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

G

Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?

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northstar1

07-26 03:08 PM

For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.

Thanks

Do you know if your successor in interest i-140 has been approved

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bipin

03-17 05:53 PM

I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1 & I140 application. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. I’m in my 6th year and just started my Labor process with the new company.

My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)

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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.

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srikondoji

08-07 02:50 PM

Prevailing wage for EB2 as of latest information i have is $83,200
Hope this helps.

Hello Gurus,

I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

Thanks in advance
Kukitron

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hindu_king

11-11 12:37 PM

My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

rajuram

10-25 09:36 PM

Gurus,
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.

thanks for all the help
iad

What is your Appl Recd Date?

GCaspirations

10-04 03:46 PM

Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!

As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
There would be lot of people in these three categories.
Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.

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