gcgonewild
08-15 02:16 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
wallpaper Pervertquot;)(by Naruto)
a_to_z_gc
02-19 12:15 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
pappu
04-10 12:26 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.
I already recieved my EAD,AP
Let me know your thoughts or if some one else also recieve the same update.
Thanks in advance..
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
2011 everywhere pervert,
rameshvaid
03-30 07:30 PM
I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
more...
vin13
03-09 05:18 PM
Hi,
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
satyasaich
07-03 02:16 PM
It's true that one has to mention about 485, select a choice between consular processing vs processing with in USA. this is usually done while applying for 140.
However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice
by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)
I heard Changes must be made in I140 to do Consular processing from I485
However, one can always make an amendment (to either approved 140 or 140 in pending ) to change the choice
by doing so, one has to wait for a bit longer time. (but, what difference it makes in these days of retrogression?)
I heard Changes must be made in I140 to do Consular processing from I485
more...
mundada
09-05 04:54 PM
no you do not have to wait.
2010 the pervert pasillos Index
gccovet
12-17 01:53 AM
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
GCCovet
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
GCCovet
more...
sixburgh
07-17 03:47 AM
I can re-apply, but my 485 is already approved on July 8th!
I meant re-apply for her 485
I meant re-apply for her 485
hair FG+TS: Herbert Gets OWNED by
dixie
07-03 10:23 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
more...
TheCanadian
01-25 01:30 AM
I gotsta give it to the snow.
hot Bobby Hebert
ram006
07-17 09:35 AM
I meant re-apply for her 485
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
more...
house quoted by Hébert as the
sunny1000
12-07 03:08 PM
Thanks everyone for the replies. Appreciate it.:)
tattoo Ashley Hebert (PHOTOS)
divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
more...
pictures Ashley Hebert (PHOTOS)
parvezns
01-17 07:36 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
dresses big enough pervert already
number30
11-24 04:06 AM
Hi All,
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
Usualy Following is the list
AP application
2 photos Photo
Check
I-94
A letter explaining why you need AP(sample letters from ),
Copy of I485 receipt
Covering letter
Copy of Arrpoved I-140
Marriage certificate
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
Usualy Following is the list
AP application
2 photos Photo
Check
I-94
A letter explaining why you need AP(sample letters from ),
Copy of I485 receipt
Covering letter
Copy of Arrpoved I-140
Marriage certificate
more...
makeup of Famer/shady pervert,
logiclife
07-17 04:14 PM
Congrats Retrohatao.
What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.
Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.
This word, "Sometime" shows the delay.
In America, glaciers move faster then the Greencard process.
That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.
What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.
Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.
This word, "Sometime" shows the delay.
In America, glaciers move faster then the Greencard process.
That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.
girlfriend Sick pervert: Incest monster
ZeroComplexity
04-27 03:01 PM
According to the Supreme court corporations are to be treated as individuals. With the rights and privileges of being an individual comes the burden of taxes :) Corporate personhood - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Corporate_personhood)
If corporations do not use any resources provided by the US govt, they shouldn't be taxed, unfortunately thats not the case. Corporations use the infrastructure and security provided by the govt and they pollute. Taxing corporations is the only way to recover the costs to govt/nation because of their existence within the US.
GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
If corporations do not use any resources provided by the US govt, they shouldn't be taxed, unfortunately thats not the case. Corporations use the infrastructure and security provided by the govt and they pollute. Taxing corporations is the only way to recover the costs to govt/nation because of their existence within the US.
GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
hairstyles pervert) Terry Richardson.
user
11-06 09:50 PM
http://www.change.gov/
gc@waiting
08-21 06:51 PM
My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
hojo
10-27 11:47 AM
image maps
www.htmlgoodies.com
www.htmlgoodies.com
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