perm2gc
11-04 12:03 AM
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?
you are confusing....
What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .
if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..
- 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?
you are confusing....
What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .
if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..
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excogitator
12-11 03:34 PM
Since the official announcement thread hasn't been put up yet.
Congratulations to all the winners!!
:)
Congratulations to all the winners!!
:)
Dhundhun
11-18 12:52 PM
I have heard that your FP/biometrics does not have anything to with EAD.
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
USCIS has its own guideline of issuing EAD within 90 days. Since there was heavy work load after July, they issued without FP. For the EADs issued without FP, they are re-issuing EAD with FP.:)
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dixie
08-27 11:43 PM
I didnt make that statement because he doesnt agree with me. Go look at loveh1b's previous posts .. he is consistently against everything IV stands for.That begs the question why is he here ? Freedom of speech and all is fine and dandy, but if a person simply doesnt believe in anything we stand for then you know what to call him.
Remember, we are more than just another online rant forum.Rather, we are a lobbying /EB applicants support forum where we are supposed to discuss constructive ways to promote our agenda, just like numbersUSA and the likes promote their agenda against us.And by the way, I would really appreciate if our "friends" extend the same "freedom of speech" to us on their forums.
You may not agree with what everyone says on
these forums. It is not your business to ask them to get out.
Remember, we are more than just another online rant forum.Rather, we are a lobbying /EB applicants support forum where we are supposed to discuss constructive ways to promote our agenda, just like numbersUSA and the likes promote their agenda against us.And by the way, I would really appreciate if our "friends" extend the same "freedom of speech" to us on their forums.
You may not agree with what everyone says on
these forums. It is not your business to ask them to get out.
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pappu
02-25 07:13 PM
Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.
No.
The dates do mean something. While it does not mean anyone after the processing date will not be processed, people before these processing dates get a chance to raise a service request due to these processing times. Service centers project dates based on their workload. Lot of people are now eligible for AOS benefits due to the recent namecheck Memo. The EB3 ROW dates have also moved ahead in March Bulletin. There was a huge June , July rush of applications last year. All that may slow down the processing dates. IV has recently raised the issue of processing with USCIS and we are expecting some details be made public in the coming days.
No.
The dates do mean something. While it does not mean anyone after the processing date will not be processed, people before these processing dates get a chance to raise a service request due to these processing times. Service centers project dates based on their workload. Lot of people are now eligible for AOS benefits due to the recent namecheck Memo. The EB3 ROW dates have also moved ahead in March Bulletin. There was a huge June , July rush of applications last year. All that may slow down the processing dates. IV has recently raised the issue of processing with USCIS and we are expecting some details be made public in the coming days.
swapnajay
10-09 01:08 PM
Sorry to scare you in my previous reply....I did not read your question properly....
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
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amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
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gcformeornot
01-09 03:43 PM
With rampant job losses lets see how our community is doing. If you know somebody who lost job or about to loose job in future, please vote.
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cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
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nabs501
07-27 08:04 PM
I am curious to know this as I quit company A and moved to company B after I got my I140 approved from Company A
And the HR from Company A specifically told me that they would revoke my I140.
But my case status online says that the application has been sent to DoS for visa processing.
It's been more than 3 months I quit Company A.
Probably, it would show up under the case status that I140 has been revoked or something like that.
Anyone has any exp. regarding this?
And the HR from Company A specifically told me that they would revoke my I140.
But my case status online says that the application has been sent to DoS for visa processing.
It's been more than 3 months I quit Company A.
Probably, it would show up under the case status that I140 has been revoked or something like that.
Anyone has any exp. regarding this?
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AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
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YesGC_NoGC
05-14 10:25 PM
Will continue to conribute
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pkv
01-07 06:13 PM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
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GC092003
04-18 06:59 PM
I tried today. I filed in California on March and it went to texas...
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bestia
08-03 08:15 PM
How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
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Quest99
09-14 04:40 PM
It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.
I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.
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chanduv23
12-11 10:57 AM
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
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nissan_1
11-30 09:30 AM
I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...
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gc_chahiye
08-05 11:54 PM
the number 75K by 7/27 came from USCIS not Pederson
can you post a link please? I read through their press releases on their website and did not see this, must have missed it.
thanks for clarifying that.
can you post a link please? I read through their press releases on their website and did not see this, must have missed it.
thanks for clarifying that.
rc10580
06-14 11:21 AM
Wow, so you were able to file I-140 and I-485 at the same time? My PD is 11/01 but due to retrogression we are waiting for the visa numbers to become current to file :mad:
WillIBLucky
12-08 08:45 AM
Why is IV very silent today? Is it a good sign or something else? Or is everyone in front of Cspan?
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