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Written By muthmmuuuaaanniish on Thursday, June 9, 2011 | 9:37 PM

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  • SGP
    10-28 11:24 AM
    Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
    Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

    The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.





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  • desibechara
    08-01 07:35 PM
    hi:

    I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

    I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

    I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

    Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

    Please let me know..is that is risky or will come back with RFE?

    DB





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  • desi3933
    08-27 01:52 PM
    Thanks desi3933.

    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks


    A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.

    Please check with your attorney.

    ____________________
    Not a legal advise.





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  • akp
    06-30 07:35 PM
    I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
    I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
    The implication of our way or highway sounds childish.
    Just my opinion in an "open" forum.



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  • Rsamuga
    07-16 03:03 PM
    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!





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  • wandmaker
    10-22 10:23 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.

    The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".

    If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.

    More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)



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  • digital2k
    08-14 02:11 PM
    :)
    If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.

    Poor fellow - Polls got created in his name :rolleyes:





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  • breddy2000
    08-19 09:48 PM
    Me too getting worried about my wife's status...

    Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.

    One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.

    If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.

    This is what my understanding is with respect to maintaing status....Let me know if this is not correct



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  • MetteBB
    05-11 04:01 PM
    Oh... I didnt realise. Well atleast now he has some to chose from, i dont mind ;)

    Just passing time anyway. Messed up my Flash MX 2004 instalation and can't get it to work again.... :( (which has nothing to do with stamps I know... nm)


    /mette





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  • santb1975
    08-02 03:01 PM
    I can see a Strong and Active Tennessee Chapter getting built over the next one Year. How can I say that...Well, I have been witnessing all the good work you have been doing from when I became a member of IV

    Thanks Santb1975. Sanju, that's a dangerous proposition... I might kiss you back :).

    Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

    Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.



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  • gccovet
    06-19 09:42 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?

    Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.

    My parents are thinking of doing the same very soon.

    GCCovet





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  • GCEB2
    07-16 08:21 PM
    I guess u can apply seperately as each one holds individual H1 status



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  • tinuverma
    11-09 09:44 AM
    Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
    Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).

    Peace.

    Thanks in advance.





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  • ultimo
    10-02 10:03 AM
    u can apply 4 student loan . Even if ur credit is bad u will get SL



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  • digital2k
    08-06 12:39 PM
    *





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  • papajon
    06-18 02:39 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

    Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.



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  • RNGC
    02-15 01:47 PM
    uploaded the letter





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  • gogal
    11-03 03:49 PM
    Does anyone know the benefit to go for PIO or OCI... in relation to the Indian Baby born in US..


    Thankyou





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  • gsthantry
    12-31 05:17 PM
    +1 from Dallas





    akp
    06-30 07:35 PM
    I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
    I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
    The implication of our way or highway sounds childish.
    Just my opinion in an "open" forum.





    antony
    03-25 10:48 AM
    Thanks Administrator2. I will email my home number and you guys can call me after 5.30 PM EST.
    My director called me again and told me that since I have already applied for my GC, they are ready to keep me as a contractor for 1 year so that I can have my GC and join them. I told her that my Labor certification wont complete by then and there are 2-3 more processes after that. They are really surprised to hear that GC for qualified ppl takes 5-8 years...



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