lazycis
01-26 07:13 PM
This type of clause is to protect employer for one year. Usually, it is not only trainig cost, it is business also.
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
You can seek legal protection, complain USCIS and so on. When an employee joins contracts are for 12 months, when you work on niche technology, it will be confidentiality agreement for 2-3 years, and so on. Mostly they are goodwill agreements. If you have problem in signing for this 12 months, how would you be signing technology related agreements?
I have seen business to business relationship broken due to employee running away from clients location. In the begining, even if formal training is not there, clients do compromize to bring to speed. Most of the consultant placements are business to business chains.
Do you intend to break before 12 months?
I have signed for confidentiality contracts up to 5 years, and refused to sign, when wanted not to honour contract, thereby not working for those clients.
If possible avoid troubles otherwise, you already have several suggestions.
That's a totally different story. It's normal to have non-compete clause and it is enforceable, but even non-compete clause will be hard to enforce if it sets unreasonable conditions (i.e. prohibits working for a client for more than 6 months). Also, if you sign a contract, it does not mean you are obligated to fulfill it. If contract violates US laws, it's null and void (i.e. you can sign a clause that you will be a slave for company's boss, but it does not mean company's boss can enforce it in court).
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ronhira
07-21 10:33 PM
I knew the call was a BS. I don't want to waste my prepaid calling card. Real job ads are hard to come by these days, and H1b job ads
don't exist any more.:D
very smart??? asshole stfu, u guys talked everything u wanted and left the call satisfied and victorious. in reality, the call was cheap shit.... that's what it was worth.....
don't exist any more.:D
very smart??? asshole stfu, u guys talked everything u wanted and left the call satisfied and victorious. in reality, the call was cheap shit.... that's what it was worth.....
ita
11-06 05:37 PM
You should do following for Advanced Parole related appointment if you are arranging the first appointment.
http://www.infopass.uscis.gov/
Select
- You need Service on a case that has already been filed
On next screen select
-Case Processing Appointment - If you received a notice to go to your local office for further case processing.
I don't have any update on AP .
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Thank you.
http://www.infopass.uscis.gov/
Select
- You need Service on a case that has already been filed
On next screen select
-Case Processing Appointment - If you received a notice to go to your local office for further case processing.
I don't have any update on AP .
Should I still select the below mentioned option ?
'Case Processing Appointment - If you received a notice to go to your local office for further case processing' is what I should select for AP inquiry?
I have EAD approval notice but no card yet. SO I need to get another infopass for EAD eslecting'EAD inquiry Appoinmetn' option ?
Thank you.
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hopefullegalimmigrant
07-26 11:21 AM
For those who think this is like another forum like alcoholics anonymous etc. I think that is what this is(not literally though). Without immigration voice or like forums we could be a lot worse. it is good to vent, exert feelings and come out with experiences and share them P2P. This is one of our life lines. One way or the other immigration affects us. Each one takes it in different ways. Like it or not.:cool:
more...
pete
12-13 03:29 PM
If I get to it I will report this to the authorities. IV should work against this as well.
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webm
06-05 02:09 PM
I am not tracking approvals rate as such. But if, CIS hasn't used as many numbers have DOS reported, then as Ron suggested, dates will move forward for EB3 Ind.
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
more...
BharatPremi
11-06 07:42 PM
On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..
No.. They are also stuck till primary gets clear.
No.. They are also stuck till primary gets clear.
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lazycis
12-18 11:02 AM
This is not to oppose your message - I am just trying to figure out where these arguments comes from because I don't think I believe in this whole fraud thing. AC21 is meant for one to change jobs after working for the original sponsoring company for 180 days. Also, there are no clear guidelines stating that one must inform the USCIS - so what will this fraud be based on? How can one be committing fraud if there are no guidelines to tell you what is considered fraudulent? I think one is fraudulant when one actually violates some set rules etc. I don't think the USCIS can have a basis for suspecting someone of fraud when they don't even have a definition of what may constitute fraud in this case because of the lack of guidelines. Plus, I have never, ever heard of anyone be denied or suspected of anything like this during citizenship, I just don't believe this is a factor AT ALL. I see these comments a lot and they just don't make any sense to me. To me, it is like breaking a law that doesn't exist. And you say one may be "suspected", well, suspicion is just that, suspicion. The USCIS needs to show proof that you intended to be fraudulent and for as long as there are no AC21 guidelines that tell you that you must inform the USCIS upon invoking AC21, the USCIS will not and cannot have a case against you.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
I agree with you. It's not required by law to file any AC21 papers so the USCIS cannot do much. Also, the green card cannot be revoked after 5 years so by the time you apply for citizenship, the USCIS cannot do anything bad to you. Worst case, they will ask about it during the citizenship interview so it's a good idea to keep your employment offer handy. But it's very unlikely and I really doubt they can deny your citizenship based on this. That's why I see no drawbacks in not filing AC21 and no benefits in filing it if you know that I-140 won't be withdrawn. My advice would be to take an employment letter from current employer and keep it in case the USCIS asks for it. There is no need to cause troubles for yourself by letting the USCIS know about it.
more...
Macaca
09-01 10:02 PM
Are you sure about this? That sucks! I always thought you were eligible for SS after you accrue 40 points....basically you get 4 points for every year of work. If you look at your SS report that's sent out before your b'day you will see the points you have accrued.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
I thought 40 points was the only requisite; wasn't aware that you had to be a US citizen. Can you please verify this information?
This is my understanding. I started following it in past 2 months. It requires more research. There are articles in News Article Thread.
This remark was made to a person at SJ rally by a bystanding Amercan. (mentioned in SJ Rally thread)
Sessions has also proposed that H1B/GC should not get Earned Income Credit. I dont know all details.
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ramus
05-29 05:36 PM
Thanks...
I wish everybody act quickly like you.. Thanks again. Please try again.
Friend,
Thanks for the update , Yes just now I tried and I got following error from webfax, will try again and count me in I will be sending the fax.
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivwebfax@gmail.com
I wish everybody act quickly like you.. Thanks again. Please try again.
Friend,
Thanks for the update , Yes just now I tried and I got following error from webfax, will try again and count me in I will be sending the fax.
Immigration Voice Web Fax
Message was not sent
Mailer Error: Language string failed to load: recipients_failedivwebfax@gmail.com
more...
aadimanav
05-15 05:50 PM
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
How about this scenario:
EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.
How about this scenario:
EB3 applicant starts the Masters (in STEM) from US University after the labor is filed and completes while 485 is in pending status.
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anilsal
12-20 12:45 PM
Great news! I was never on H4 so it does not really affect me. But any good news for skilled immigration is good news.
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
Now can we get news on SKIL bill passage or USCIS allowing filing I485 during retrogression?
Plus the 5 year EAD....
more...
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GCWhru
08-07 08:49 AM
PD : Sep-2004
I-140 Approval Date :July 2007
I-485 Received Date : 07/30/2007
Name Check Cleared: No Idea.
Gave Finger Prints.
I-140 Approval Date :July 2007
I-485 Received Date : 07/30/2007
Name Check Cleared: No Idea.
Gave Finger Prints.
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Soul
02-07 09:32 AM
:beam:
Thanks Kit, I liked the tudor bit too :)
What castle did you say yours was based on?
- Soul :goatee:
Thanks Kit, I liked the tudor bit too :)
What castle did you say yours was based on?
- Soul :goatee:
more...
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badluck
07-27 03:02 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
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snathan
04-19 06:23 PM
Man - U guys love to quibble about stupid things rather than focus on the big picture. All my thread says is - I'm doing X .... Please consider doing it as well if you think it is worth your while ... Thats it - Nothing more - nothing less. And here we're having a discussion about how long I've been a member of IV and yada yada yada ...
Thanks for doing this. I would suggest you to collect more data with real life stories and create a template, post it here. Then everyone can send the same to senator and white house. Anyway thanks for your work
Thanks for doing this. I would suggest you to collect more data with real life stories and create a template, post it here. Then everyone can send the same to senator and white house. Anyway thanks for your work
more...
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Jaime
05-26 10:35 AM
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SkilledWorker4GC
07-08 04:32 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
For a moment - lets look at our own community that is affected.
For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.
For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.
Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them
Leave alone ABCDs, Vinodh Khosla ka Ghosla, or Jindals or all the big shots ATA or TANA.
For a moment - lets look at our own community that is affected.
For all those who are not affected - this may seem a non issue except for universities, hospitals, and companies like MSFT etc.. where competition and talent is of high importance and where talent cannot be compromised and this mess is affecting them - it is OONLY these people who will support us and that too, they press more on h1b rather than green cards because they want man power and dont mind if it is h1b or GC. For an avg desi or any immigrant who is looking for a h1b, he has NO clue about this mess and will be glad to embrace the H1b quota increase and OPT extensions as everyone think GC is not an issue these days.
For a moment - look at the community that is affected - people like us. WE have to be on top of this. The backlogs seem to be close to a million and look at the number of people trying to do something about the situation. Anti immigrants paint us in bad light, media confuses our issues and writes rubbish, Lou Dobbs makes baseless comments and everyone in our community does nothing but trying to track EAD etc... A handful of people make phone calls, a handful send letters, a handful help IV. Others just sit and watch and pretend they don't know anything. When we make request to join state chapters very few join. Out of that very few actively participate in activities. When IIV asks people to enter a correct profile - very few do it.
Things will improve ONLY of the entire community stands up on their own without expecting others to do something for them
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sapota
10-11 05:02 PM
bcos I was there stuck at BEC with no result in sight for 4 years.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
hpandey
12-28 12:33 PM
Anyone invoking AC21 with unapproved I-140?
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
If you try to use AC21 without an approved I-140 your employer can withdraw the I-140 petition ( since it is not approved yet ) . So best wait a few months until it is approved and then merrily go the AC21 way
rameshvaid
06-17 11:36 AM
Thanks for your support...Please post the link to that thread or your full story here. It would very helpful...
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
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