insbaby
08-15 12:32 PM
Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.
Everyone has got right to work and practice their profession/make living, but not with the end client written in the contract, within the given period of time. Surely thats not life long, but there must be a period for 6 months, 12 months etc.
Everyone has got right to work and practice their profession/make living, but not with the end client written in the contract, within the given period of time. Surely thats not life long, but there must be a period for 6 months, 12 months etc.
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WaldenPond
02-05 12:36 AM
Hello iptel,
Thanks for the excellent suggestion. We are on top on this one. Keep it coming ....
Thanks again,
-WP
Thanks for the excellent suggestion. We are on top on this one. Keep it coming ....
Thanks again,
-WP
pa_arora
04-19 07:08 PM
Atleast somebody talked abut legals and their problems...Here's the link..
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
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vxb2004
04-28 06:52 AM
Any inputs please....
more...
sledge_hammer
06-09 05:25 PM
By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!
I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.
You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.
You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
lotta
07-18 03:01 PM
Hello guys,
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
I-140's do not have an expiration date.
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
I-140's do not have an expiration date.
more...
grupak
03-15 08:26 AM
This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Seems like a good interpretation to me.
Pessimism as a lifestyle is hilarious :)
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h1techSlave
03-17 01:03 PM
With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.
Hello all,
Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?
Thank you.
Hello all,
Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?
Thank you.
more...
madhu345
11-29 10:32 AM
I'm based in Dallas, anyone in this area send me the PM.
Since I travel extensivley there might be a slight delay in pesponding to the emails.
Thanks!
Madhu
Since I travel extensivley there might be a slight delay in pesponding to the emails.
Thanks!
Madhu
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senthil1
03-02 10:18 AM
It doesn't matter. In 2008 total new h1b is around 125k and L1 is 84K. total exodus is nowhere near to total incoming persons.
Source:
http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm
100,000 pros may return to India from US
As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.
The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.
The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.
Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.
It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.
"A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
"There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.
Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.
"With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.
India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.
The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.
Source:
http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm
100,000 pros may return to India from US
As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.
The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.
The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.
Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.
It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.
"A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
"There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.
Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.
"With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.
India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.
The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.
more...
dc2007
07-25 12:06 PM
Thanks a lot for the help and useful information.
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
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sduddukuri
04-01 02:38 PM
We went to India and got our visa stamped from chennai. Thank you all for all the help
more...
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x1050us
06-26 05:03 PM
My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?
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h12gc
04-28 06:18 PM
Hi guys,
My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.
I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.
My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?
Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?
Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.
In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.
Please any one advice me on this.
Thanks
h12gc
My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.
I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.
My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?
Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?
Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.
In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.
Please any one advice me on this.
Thanks
h12gc
more...
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fcres
06-27 12:02 PM
Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.
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gc_chahiye
09-25 01:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
more...
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mihird
11-15 10:48 PM
It will be YOUR I-140, not your spouse's...your spouse doesn't even have to disclose your I-140 story while going through F1 stamping...
The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...
The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...
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crystal
10-06 01:03 PM
--
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
>>You need to fill new I-9 form
If any one has info, please share.
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
>>You need to fill new I-9 form
If any one has info, please share.
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waiting4gc
10-24 04:56 PM
Try Rajeev Khanna. He has helped me tremendously overcome false labor denial and has helped answer two of my friend's queries. He is a little expensive but well worth it.
Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,
Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,
USDream2Dust
03-17 12:39 PM
As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
mallikonnet
09-20 09:29 AM
I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".
Is there any way that i can get my H1 extended
Hi what kind of lawyer he is to say it is ok work after H1B expires with no EAD in hand. Technically you cannot work until you receive your EAD.
Ask your employer to see if he will do an extension if you pay for the expenses.
good luck
Is there any way that i can get my H1 extended
Hi what kind of lawyer he is to say it is ok work after H1B expires with no EAD in hand. Technically you cannot work until you receive your EAD.
Ask your employer to see if he will do an extension if you pay for the expenses.
good luck
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