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  • reddymjm
    01-07 09:09 AM
    I just entered US on my AP. Old one (stamped one) was valid till May 08 09 and I had a renewed AP. The IO asked for both old and new AP. I had only the new one. He said I am supposed to carry both. Then he issued me a stamp valid till dec 30 09 and said am supposed to carry the stamped AP paper along with the stamp all the time. Then I aksed about the expiry validity. He said I have to have a new AP after the AP expiry date on AP not on the passport.

    But I heard the otherway at the canada border.

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  • scubadude
    May 25th, 2005, 06:47 PM
    Thanks for your replies. I'll see what I can do to improve.

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  • averagedesi
    09-23 08:45 PM
    I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.

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  • vagish
    04-20 11:08 AM
    Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

    Thanks for help

    expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.



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  • viva
    01-28 08:42 PM
    Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.

    Great- It sounds like at least one person joined.....Any more takers of this pledge?>

    Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?

    Let's do this one member at a time......

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  • sanju
    04-16 12:18 AM
    What is meant by 3 years experience before immigrant petition in SKIL Act.

    Now I have more than 5 years of US experience, will I fall into this category when I file I-485.

    It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.

    Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….

    “When will I get my green card”



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  • chantu
    07-14 04:46 PM
    Moved residence couple of weeks back. Changed address online for my 485 case and added for spouse and child as weel?
    Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.

    It should be new procedure for each person.

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  • arc
    10-04 04:29 PM
    As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
    There would be lot of people in these three categories.
    Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.

    I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...


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  • cdeneo
    09-21 06:32 PM
    I got my answer, the very next question talks about I-140 withdrawl and its impact on the AOS application if job changed using portabiliity within 180 days of filing.

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  • PBECVictim
    10-06 04:46 PM
    Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.

    My petition was approved 4 months back, after calling 100 times USCIS.

    In my wife's case we spoke with IO on Sept 4th.
    Created Service Request on 5th Sept.
    During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.

    During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .

    On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.

    October 2nd 2009 my wife's petition approved.

    So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.


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  • xlxoel
    06-03 02:30 PM
    I just got the RFE for the I-131 and they just asked for two pictures.
    I applied online and the asked me not to send anything, so now they requested these pics.

    I already sent them, so hopefully I'll get my travel document soon!

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  • immiusa
    06-15 11:26 AM
    Since you have completed the important formalities for two.
    Police compliant & applying for replacement cards. You are good.

    If you need to travel outside USA, you can get your passport stamped stating that you have a GC. That should your travel needs. Now a days, replacement cards are very fast. You should be able to get them in 3 months period. Do not try to give false information to USCIS (Some one suggested you in this group)


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  • nixstor
    09-07 12:18 PM
    guys, the OP clearly mentioned that it was off topic but most of us doesnt agree with what he thinks is good for him. Lets not get into the nitty gritty of pretending or being american or what ever. The more you practice accent or try to put accent into your language the more artificial it will appear. Thats what I have seen and felt. Any way, lets stop feeding the thread as this is outrightly irrelevant.

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  • waitin_toolong
    10-26 12:49 PM
    her I-485 was filed befoer Oct 1st and she plans to use EAD. She need not have worked a single day or earned a single paycheck. She can enter using AP or H4.
    Withdrawing H1 is a good gesture thats all.


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  • bslraju
    09-13 05:48 PM
    Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
    Changed employer using EAD in 08.
    Current company is doing porting to EB2.
    Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
    it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)

    thus its equivalent to US bachelors degree.
    So my employer (big 17k employees) decided to file based on my exp.

    Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
    in the field or in a related area."

    Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..

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  • kirupa
    05-27 03:31 PM
    Added!!!!!!!!!!!!!!!!!!!!!!!!!!!!11111111111111!!! !!!!!!!!!!!!!


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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.

    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.

    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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  • zephyrr
    07-26 12:40 PM
    didn't know he is chair of the india caucus..

    i'm in dfw, have written to cornyn and kay bailey (congresswoman) several times.

    cornyn is part of the reason cir failed, he represents the very conservative republicans first (and came up with hundreds of amendments to cause a kinda of filibuster) and foremost and skil and other bills come second. skil failed again when it was brought up recently in the senate... so cornyn is pro legal immigration overall - might help with procedural issues, but i don't expect too much from him because he comes from a very conservative state.

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  • pappu
    04-10 12:02 PM
    This may be something that's already been addressed somewhere so my apologies in advance if that's the case

    I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?

    Another question is: Are we also going to get a 3-year AP?

    Please update your profile with details so that it can be helpful to everyone tracking the success

    on IV tracker

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.

    02-28 08:31 PM
    So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?

    Goa and Pondicherry are states now.

    It is difficult without knowing the meaning of dependencies and how it is defined.

    Pondicherry is still a Union Territory.

    07-15 10:03 AM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?