jonty_11
07-06 12:13 PM
Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency’s ombudsman.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
and look at how they can work on a wkend when they actually want to prevent loads of applications hitting theeir doors....smart ppl I must say.
as per ny times report...
http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin
and look at how they can work on a wkend when they actually want to prevent loads of applications hitting theeir doors....smart ppl I must say.
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mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
pcs
01-05 04:55 PM
also please put a message on the message board of www.miIndia.com in TELGU & all other Indian Foregn languages
This helps to unite the cause
Today being the weekend is the best day
This helps to unite the cause
Today being the weekend is the best day
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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.
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.
more...
trueguy
09-19 07:13 PM
US Govt don't have to worry about it because we don't qualify for UnEmployment Benefits anyways.
Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(
Now thats a different story that we pay unemployment and SS taxes but we don't get any benefits out of it.....:(
we_can
01-02 04:30 PM
After the renewal, I got a passport with a new passport number (the old passport is still there stapled with the new one).
My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?
My labor and H1B all have the old #. Is there a need to do anything with the new passport number wrt to my existing H1 and labor and such?
more...
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GCOP
03-30 02:36 PM
Sorry to learn your situation and wish you good Luck to pass the exam, next time when you will the chance of re-entry. Hopefully you will get that chance very soon. Also thanks for sharing your story. Once again, Good Luck to you.
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for_gc
08-14 08:02 PM
Well, there are exceptions to almost every rule. The fact that there are exceptions does not mean that the rule is not right.
The rule still pretty much seems to be that the processing is done in the order of ND and not RD.
Lets do not confuse ourselves.
The rule still pretty much seems to be that the processing is done in the order of ND and not RD.
Lets do not confuse ourselves.
more...
vsattri
07-14 12:12 PM
Question is when was the application posted. 11 th july seems to be the date they processed the application. Not necessarily the recpt date.
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dskhabra
12-05 09:55 PM
If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
more...
dixie
10-17 03:13 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
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krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
more...
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kshitijnt
10-22 12:30 PM
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?
If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?
If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.
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GCcomesoon
05-05 11:21 AM
Hi
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.
I would appreciate if someone could give everyone very clear picture of what going on ?
Thanks
GCcomesoon
more...
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pappu
12-05 09:36 PM
I bet they won't let a VB programmer in!!!
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
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sbabunle
01-04 03:55 PM
So we are over 8000 strong. Lets target 10,000 by Jan 15?
more...
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maddipati1
07-30 07:18 PM
http://www.uscis.gov/files/pressrelease/FinalFeeReminder30Jul07.pdf
They are just trying to justify both of their notifications,
1) Fee hike notification effective from today
2) July bulletin released on Jun13th
lets give them a break,
they are actually trying to straighten things out.
S
They are just trying to justify both of their notifications,
1) Fee hike notification effective from today
2) July bulletin released on Jun13th
lets give them a break,
they are actually trying to straighten things out.
S
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Suva
04-22 10:09 AM
Applied on Feb 6 and approved on March 18.
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Sachin_Stock
02-02 07:06 PM
Content removed.
amitjoey
09-13 03:46 PM
The chances this time are NONE. The chances in the session after November elections are better but still slim. It will most likely be taken up in spring or summer of 2011.
For us the chances are always slim because:
1) We will keep bickering and fighting amongst ourselves
2) We will not go and talk to the legislative offices to make them understand our problems and issues.
3) If we continue to not stand up and be counted.
We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.
If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.
So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.
For us the chances are always slim because:
1) We will keep bickering and fighting amongst ourselves
2) We will not go and talk to the legislative offices to make them understand our problems and issues.
3) If we continue to not stand up and be counted.
We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.
If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.
So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.
rameshk75
08-15 08:59 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
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