kondur_007
09-21 10:45 AM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
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conchshell
07-12 02:51 PM
RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?
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cnag
04-17 03:54 PM
Don't worry. You are not alone. I will give you company. Mine is stuck in PERM
since OCt 2005. Not 10 months yet, but almost there...
since OCt 2005. Not 10 months yet, but almost there...
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GCNaseeb
08-08 03:55 PM
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
more...
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digitalrain
06-25 06:50 PM
The link below describes where and how to apply for humanitarian parole.
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
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RayP
12-10 04:44 AM
Friends... does anybody have some idea.
more...
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emmNemm
07-16 08:57 AM
I agree. I am EB2 and my Prevailing_Wage_Level is Level II
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srkamath
07-16 09:09 AM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
more...
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supers789
07-15 12:12 AM
When PERM was applied.
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
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gchandu
04-12 10:12 AM
Hi
I e-filed my EAD and AP at Texas Service centre...did not get any FP notices and both EAD and AP got approved...
Don't know the logic / rule on when will they issue FP notices and for which category / state of people....
Thanks
Chandu
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I e-filed my EAD and AP at Texas Service centre...did not get any FP notices and both EAD and AP got approved...
Don't know the logic / rule on when will they issue FP notices and for which category / state of people....
Thanks
Chandu
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
more...
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sanju
03-12 10:52 AM
Here is another one
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .
BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .
BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .
BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.
What are they doing here? I'll just put them away . . .
BUT FIRST need to water those plants. I head for the door and . . .
Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .
BUT FIRST I need to find those checks.
END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .
And, when I try to figure out how come nothing got done today, I'm baffled because . . .
I KNOW I WAS BUSY ALL DAY!
I realize this condition is serious . . .
I'd get help . . .
BUT FIRST . . . I think I'll start a new thread.
Fool its not me, its the AAADD I was recently diagnosed with.
.
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .
BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .
BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .
BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.
What are they doing here? I'll just put them away . . .
BUT FIRST need to water those plants. I head for the door and . . .
Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .
BUT FIRST I need to find those checks.
END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .
And, when I try to figure out how come nothing got done today, I'm baffled because . . .
I KNOW I WAS BUSY ALL DAY!
I realize this condition is serious . . .
I'd get help . . .
BUT FIRST . . . I think I'll start a new thread.
Fool its not me, its the AAADD I was recently diagnosed with.
.
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jnraajan
01-18 10:54 AM
You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
more...
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Prashanthi
06-26 01:41 PM
No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.
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ssingh92
05-03 01:17 PM
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
more...
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msp1976
03-31 08:55 AM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
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morchu
06-26 12:19 PM
Another option is to negotiate a deal with the new (prospective) employer, to pay those fees to the recruiter/old employer.
For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.
The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.
For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.
The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.
more...
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a_yaja
01-06 10:30 AM
I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
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alwayson
09-06 11:50 AM
How about even a much better solution, learn your country's national language......:)
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shana04
08-03 11:42 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
I can understand your frustration, but not abuse language please. We all are going through the same trauma.
Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.
We should stand united and not fight among our selves.
God bless you and your family and I would pray God that you get your checks cashed atleast before me.
Keep faith in God my dear friend, one day we all would be set free.
Good luck to you and Libra and all other friends here in IV.
I can understand your frustration, but not abuse language please. We all are going through the same trauma.
Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.
We should stand united and not fight among our selves.
God bless you and your family and I would pray God that you get your checks cashed atleast before me.
Keep faith in God my dear friend, one day we all would be set free.
Good luck to you and Libra and all other friends here in IV.
shaikhshehzadali
12-28 09:14 AM
I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.
Which world are u? These dates are there online for more than 2 weeks now.
Which world are u? These dates are there online for more than 2 weeks now.
kaisersose
11-27 01:38 PM
Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
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