eb3retro
06-07 12:56 AM
the lawyer is taking his own sweet time to file it.
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akhilmahajan
02-09 12:56 PM
Grand Total - $153
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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techysingh
08-01 06:48 PM
My I140 was approved at California center and my 485 is sent to Nebraska on june 22. Is that a problem?
more...
bmoni
05-01 12:04 AM
..
jkays94
05-02 08:23 PM
Looks like SKIL Bill has been assigned a number. I can't search it on Thomas though.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/87bc9c5e0e20eae085257162006a03c8?OpenDocument
This appears to be the reason why :
The text of S2691 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed.
more...
franklin
07-08 03:38 PM
---
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
Bay Area members - please join the Northern California Bay Area Chapter. Details in sig
I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.
The place and time is:
Location: City Hall
200 E Santa Clara St
San Jose
When: From Sat Jul 14, 2007 11:00 am to 2:30 pm
Bay Area members - please join the Northern California Bay Area Chapter. Details in sig
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mqualique
05-01 03:49 PM
FOIA may be. Btw can you add a poll to this thread to see forum support?
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
more...
qasleuth
02-12 12:47 PM
I never claimed I'm going to refrain from going ballistic with words when insults are hurled at me! Maintaining high moral standards and bad language usage doesn't always have to be mutually exclusive. Your logic is waaaayyyyyy flawed if you think they are, my friend!
I said "high standards" not "high moral standards" in my first sentence. I can point you to some of your posts when you use 'foul' language even when not attacked.
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then.
Allow me to quote your earlier post "I came to this country with the intention of studying and then working,"....sounded like you had the intention of studying and then working before you headed out here. freudian slip ??? :)
I said "high standards" not "high moral standards" in my first sentence. I can point you to some of your posts when you use 'foul' language even when not attacked.
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then.
Allow me to quote your earlier post "I came to this country with the intention of studying and then working,"....sounded like you had the intention of studying and then working before you headed out here. freudian slip ??? :)
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rayoflight
05-19 04:30 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
more...
mbawa2574
09-07 12:08 PM
Did ur packet was received by R.Williams ?
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pvpb
09-27 03:20 PM
Do u think UScis knows when we mailed in the application...can we just say that we r waiting for 90 days and talk to them. Any ideas!
Venkat
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
Venkat
Venkat,
I and my wife transfer notice by mail. I have no idea, why I received them.
I read on the forums where people successfully called USCIS and got their Receipt Number with their name and DOB. However, they mentioned USCIS that they were waiting for more than 90 days to get level 2 IO support.
Thanks,
more...
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swissgear
08-25 10:00 PM
Not sure if its a BREAK or no Visa numbers...
On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.
On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.
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desixp
02-15 10:53 AM
Transaction ID # 7GF88077VF164393T
more...
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sanhari
07-16 05:09 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
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srinivas_o
02-09 05:25 PM
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
Confirmation number: 8MT87-N97Y8
more...
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kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
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logiclife
07-20 12:03 PM
Please see homepage for more details.
I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.
If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.
If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.
If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.
Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".
If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.
There is no such thing as secret protest.
If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.
I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.
If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.
If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.
If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.
Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".
If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.
There is no such thing as secret protest.
If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.
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reedandbamboo
09-13 09:10 PM
Lets be REALLY BLUNT ..
You sound like you would fit in with our group .. check out our protest letter and posters here:
http://immigrationvoice.org/forum/showthread.php?t=21340&page=5
You sound like you would fit in with our group .. check out our protest letter and posters here:
http://immigrationvoice.org/forum/showthread.php?t=21340&page=5
abqguy
02-26 06:14 PM
Just made my small contribution of $21 using paypal. Not sure what paypal charges IV on this transaction. I'm hoping the extra dollar would cover the paypal fees and the remaining $20 will go towards the great efforts of IV.
Payment Sent (Unique Transaction ID #7TK259799T695xxxx)
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
Payment Sent (Unique Transaction ID #7TK259799T695xxxx)
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
hoolahoous
08-20 10:44 PM
Okay guys.. now the journey is over for me. I finally got my physical cards in mail. for some reason I never got CPO email/text. All I got decision and post decision emails. Since it had been couple of weeks since decision I was getting uneasy (because of no CPO).. but I got physical cards in mail today !
best of luck to everyone waiting.
best of luck to everyone waiting.
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