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  • eb3India
    04-19 10:39 PM
    simple answer, many of us did'nt to do what it takes to get a legislation passed,

    how much did you contribute this year to IV in terms of monetary and efforts, how many senators did you call and voice your support





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  • prem_goel
    08-16 07:03 PM
    Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.

    Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.

    I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.





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  • Leo07
    05-20 05:06 PM
    Bump^^^^^^^^^^^^^^^^^^^
    how many in this forum are yet to file aos?





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  • bharol
    06-16 12:57 PM
    I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

    Whose fault do you think it is?

    It is the hight of carelessness.
    Passport was expired when you went to consulate!
    I can't believe it.

    You deserved it.

    Now go get the passport renewed and get back in line.



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  • Lasantha
    06-19 02:14 PM
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.

    I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.

    It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.

    Of course it could be different in your case since you are already on meds. I just thought of letting you know.





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  • apahilaj
    09-17 08:02 PM
    Hello all,

    I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.

    Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.

    Should I call USCIS or wait?

    Any suggestions are welcomed...

    Thanks.



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  • jackrock79
    01-13 03:56 PM
    Yes. This is an old case.

    Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

    Thanks!!





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  • upuaut
    09-15 03:27 AM
    Are you talking about the "rayoflight" effect?

    If so, I built a tutorial on replicating it, which is located here.

    http://www.kirupa.com/developer/flash5/rayoflight.asp

    if it's not that effect, write back and let me know what you're talking about.



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  • MerciesOfInjustices
    09-30 12:15 AM
    link is broken
    Here is the complete article, I think -

    The Element of Surprise
    To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
    Web exclusive
    By Andrew Murr
    Newsweek
    Updated: 1:00 p.m. MT Sept 28, 2007
    Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.

    Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.

    Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.

    The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
    But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
    The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.

    Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.

    � 2007 Newsweek, Inc.





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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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  • desiron
    08-08 08:56 PM
    I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...

    Thanks





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  • funnymdguy
    11-16 12:36 PM
    Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.

    Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?



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  • Rb_newsletter
    01-07 04:19 PM
    Try changing thread topic. That would attract people to read your posting.





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  • AmitBohra
    04-17 10:23 AM
    Hi Gurus,
    Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.

    I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.

    Thanks
    AB



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  • gveerab
    07-30 01:07 AM
    Thanks a lot





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  • hi_mkg
    05-08 03:18 AM
    ]i am thinking that this is a liar's post.[/B].. i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...

    What do you mean? I'm asking a genuine question which happened to my brother. If you can not understand someone's pain and can not offer any help then what are you doing here? Bashing people with such kind of remarks and playing with their sentimence...

    I'm going to report this post to Moderator..



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  • rvr_jcop
    02-17 10:57 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1





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  • sw33t
    09-09 03:27 PM
    Its funny how employers like yours are digging their own grave in trying to enforce contracts such as yours.


    Do consult a competent lawyer.





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  • pom
    05-11 05:01 PM
    Cybergold, you win :)





    easygoer
    10-09 06:17 PM
    Can IV core put some light on -

    Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?

    If NO, any way to add that in?

    Thank!

    Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?





    msr999
    03-03 08:41 PM
    EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.

    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...



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