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  • mdcowboy
    02-25 06:28 PM
    I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.

    This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!




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  • humsuplou
    11-30 10:42 PM
    Hi,
    Can someone please kindly share their experince in this matter? I really need some advice.
    Thanks!!




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  • GoneSouth
    04-17 06:42 PM
    This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.

    Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.

    This is just a guess though. Check with a lawyer.

    - GS




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  • jayleno
    10-08 02:30 PM
    Yes I did.
    Did you take original 485 receipt with you?



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  • chanduv23
    09-25 10:29 AM
    http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

    Enjoy

    Excellent - explains everything




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  • h1bemployee
    06-25 04:18 PM
    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    2. What was amendment for?
    amendment is for change in annual salary
    3. Why H-1B amendment was denied?
    The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
    The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Pls see my answers under the questions



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  • gc_on_demand
    06-15 04:21 PM
    Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.




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  • xyzgc
    11-04 12:49 AM
    humei tum se pyaar kitanaa, ye hum naheen jaanate
    magar jee naheen sakate, tumhaare beenaa

    sunaa gam judaee kaa, uthhaate hain log
    jaane jindagee kaise, bitaate hain log
    din bhee yahaa to lage, baras ke samaan
    humei intajaar kitanaa, ye hum naheen jaanate
    magar jee naheen sakate, tumhaare beenaa

    tumhe koee aaur dekhe, to jalataa hain dil
    badee mushkilon se fir, sanbhalataa hain dil
    kyaa, kyaa jatan karate hai, tumhe kyaa pataa
    ye dil bekaraar kitanaa, ye hum naheen jaanate
    magar jee naheen sakate, tumhaare beenaa



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  • Desertfox
    01-02 03:12 PM
    School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

    However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

    GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!




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  • raysaikat
    07-10 07:53 PM
    Hi raysaikat,

    I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
    then
    only i have received approved I-797 with company Y on Jun 5, 2008.
    addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.


    This is not accurate (or you misunderstood your lawyer or your lawyer was referring to something else). I was stuck in Germany for 1.5 months due to security clearance in 2006. Of course I had approved I-797, letters from my Boss, etc. Nothing matters. IO can always request a security clearance (to save his/her a**).


    coming to second point
    i dont think my current client will give me that kinda luxury working from remote place,


    Well, then you can only optimize the cost of accommodation (in case you get stuck) and hope for the best. However, there is no guarantee.


    what is TAL?
    Technology Alert List. Search google.

    what information is provided there.
    what do i need to look for in there.
    do u have any link where i can look into it, if so pls email me at
    kvenu135 at hotmail dot com
    please email me anyone who reads this thread/post with your advices.
    I would be more than happy to appreciate it


    With Thanks,
    Venu

    I am not trying to scare you, but being a sufferer, I know that it is vital to prepare for the worst case even if you are hoping for the best. I was merely a post-doc who works on mathematics of networking, but I was still stuck.



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  • venky_handsy
    09-10 11:24 PM
    you did a masters here.......so you can go to canada or mexico also...it will not be any issue if you all the paper work of your masters correct




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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?



    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.
    Cao



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  • chillfakter
    02-11 08:45 PM
    Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?

    One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.

    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!




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  • eb3retro
    08-30 12:38 PM
    My PD is 2002 Aug


    hi redhat..

    welcome to IV. looks like you joined IV recently. I hope you will get answers for your questions here and will come out of this RFE mess. Please do consider abt giving IV (and yourself) a hand in the Washington Rally. All the best.



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  • satishku_2000
    05-26 07:44 PM
    As for as my knowlege pending I140s wont be effected. Senior members can currect me if i am wrong.

    Thx.


    All of the people who filed I-140 are screwed too because of the reduction in VISA numbers. This bill does not spare any one who is legally in this country.




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  • wandmaker
    03-15 11:02 AM
    is appreciated at IV. This is in addition to any other contributions (either time or money) to IV. :)

    I meant "Recurring monthly Contribution" :)

    Let us setup a recurring contribution funding drive -

    Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.



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  • eb3retro
    02-06 11:17 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?


    EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...




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  • calaway42
    10-04 01:38 AM
    Yes!!YES!! finally!!! woohoo!! i GOT IT!! thanx lost!




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  • sixburgh
    06-28 04:31 PM
    You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.

    This is what I think too.

    But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).

    Any official documentation about this ?




    njboy
    06-09 10:12 AM
    Imagine if it takes 3-4 years to process an H1B..the only option we'll have, is to go premium processing. That way, premium processing becomes the rule, not the exception. If they want to be really "capitalistic", they can say, how much is the H1B worker ready to pay out of their salary for the H1? 10,000 dollars a year? Shouldnt they charge us that, if they think they can get away with it? Afterall, its good old capitalism right? Everyone should be concerned about their bottom line..why not the BCIS? Im sure most of these already exploited H1B's will shell out 10K extra per year just to keep their H1's. Does that sound like a good business proposition? It does..to me. Just like people pay extra to get their mail delivered next day Fedex, the BCIS should charge us 1000$ extra if we want the H1B processed in a reasonable time, another $1000.00 to get I-130 processed etc. Why the figure of $1000.00? Was it arrived based on some calculation? Why not..$5000, or even $7000? After all, market pricing should be based on demand supply, and since H1B is marketed as a premium product, this should be reflected in the prices otherwise it will lose its brand image..right?




    VenuK
    06-15 01:20 PM
    hi,
    Can someone help me with the situation i'm in.
    I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
    query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
    X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
    first one was make an appeal with right documents. second one was to leave the country in 30
    days which i has NOT choosen obviously.
    In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
    APPROVAL on my H1-B Transfer with new company.
    I-94 that i have on my passport is with Old company(X) .

    Question is:
    I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
    when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
    Do i really need stamping to go out of US to visit my native country?

    Pls advise. Any answers would be appreciated



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