aquarianf
04-23 03:39 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )
Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?
If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.
wallpaper Megan Fox (All Megan Fox Gossip Here!) - Page 4 - the Fashion Spot
jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
nat23
10-25 11:00 AM
If Democrats win the House (which they most probably will - maybe with a small majority): Would then there be a Compromise on the CIR which the Republicans didnt even want to talk about ?
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
Someone in this thread pointed out that in the lame duck session is held with the current members, that would mean we wouldnt have a compromise in the lame duck session.
Then the new Congress would come in and the Bills would have to be passed in the Senate all over again, right? ( Just asking as I dont know the whole process).
2011 Now, I understand that Megan Fox has to inject Botox into her head to freeze
kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
more...
manderson
03-08 10:17 AM
:D :D :D :D Go Outback tonight. Life will still be here tomorrow.
morchu
05-04 10:49 PM
Well since INA doesnt specifically state anything regarding this, the regulation CFR takes over.
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
more...
abq_gc
08-18 01:22 PM
I agree....mine is too 2002 PD/EB2
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
Yeah they have to follow the 180 day rule in that case.....if the NC is pending.
Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....
No use....USCIS is a big elephant and acting in sleep....
Yeah they have to follow the 180 day rule in that case.....if the NC is pending.
2010 Megan Fox
Macaca
04-06 01:36 PM
With deafening member response to financial contribution, contacting legislator and contacting media, we will be here very soon. Please contact reporter for professional help.
Some paras from Criteria for Depression Are Too Broad, Researchers Say Guidelines May Encompass Many Who Are Just Sad (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201693.html), By Shankar Vedantam (http://projects.washingtonpost.com/staff/email/shankar+vedantam/), Washington Post Staff Writer, Tuesday, April 3, 2007
Up to 25 percent of people in whom psychiatrists would currently diagnose depression may only be reacting normally to stressful events such as a divorce or losing a job, according to a new analysis that reexamined how the standard diagnostic criteria are used.
The study also suggested that drug treatment may often be inappropriate for people who are experiencing painful -- but normal -- responses to life's stresses. Supportive therapy, on the other hand, may be useful -- and may keep someone who has been through a divorce or has lost a job from going on to develop full-blown depression.
The cost of not looking at context is you think anyone who comes under this diagnosis has a biological disorder, so should more or less automatically get antidepressant medication, and everything else is superfluous," said lead author Jerome Wakefield, a New York University researcher who studies the conceptual foundations of psychiatry. "There is a trend to treat people in this somewhat mechanized way."
Said First: "One issue this would play out at is at the level of medication. If someone has a normal grief reaction, you wouldn't give that person an antidepressant, you would favor counseling. If someone has major depression you would be more likely to medicate. So this could influence how clinicians think about medications or psychotherapy."
Some paras from Criteria for Depression Are Too Broad, Researchers Say Guidelines May Encompass Many Who Are Just Sad (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201693.html), By Shankar Vedantam (http://projects.washingtonpost.com/staff/email/shankar+vedantam/), Washington Post Staff Writer, Tuesday, April 3, 2007
Up to 25 percent of people in whom psychiatrists would currently diagnose depression may only be reacting normally to stressful events such as a divorce or losing a job, according to a new analysis that reexamined how the standard diagnostic criteria are used.
The study also suggested that drug treatment may often be inappropriate for people who are experiencing painful -- but normal -- responses to life's stresses. Supportive therapy, on the other hand, may be useful -- and may keep someone who has been through a divorce or has lost a job from going on to develop full-blown depression.
The cost of not looking at context is you think anyone who comes under this diagnosis has a biological disorder, so should more or less automatically get antidepressant medication, and everything else is superfluous," said lead author Jerome Wakefield, a New York University researcher who studies the conceptual foundations of psychiatry. "There is a trend to treat people in this somewhat mechanized way."
Said First: "One issue this would play out at is at the level of medication. If someone has a normal grief reaction, you wouldn't give that person an antidepressant, you would favor counseling. If someone has major depression you would be more likely to medicate. So this could influence how clinicians think about medications or psychotherapy."
more...
nousername
01-29 08:39 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
hair Megan Fox (February 2010
anilsal
10-25 11:49 AM
Wonder if dems take the house, will they worry about the 2008 prez elections and not make major decisions?
more...
gxtrader
09-06 03:24 PM
My Aug 1 filer friend got his already....
....Aug '06 that is ;)
....Aug '06 that is ;)
hot Giorgio Armani Beauty : Megan Fox - Page 4 - the Fashion Spot
tonyHK12
11-19 04:22 PM
Question to IV core...
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Yes generally these replies come in from one of their workers, maybe even a trainee.
Thats why IV wants everyone to call back the Senator/US Reps office mentioning the email response, and ask why our problems were not addressed (legal immigrants) and that you need more clarifications. Typically they have a person handling immigration issues.
mentioning only the two we are campaigning for right now:
1. Employment based Visa recapture
2. Protecting children of legal immigrants from aging out regime
this is even more important than just sending an email
Better yet if you can meet if not call in the next 7-10 days.
After receiving the standard email respose from the congressman/senator...I am wondering are they even aware about the legal immigrants. All we are getting the standard template which is talking about only illegals and DREAM.
No mention about legals ?
Yes generally these replies come in from one of their workers, maybe even a trainee.
Thats why IV wants everyone to call back the Senator/US Reps office mentioning the email response, and ask why our problems were not addressed (legal immigrants) and that you need more clarifications. Typically they have a person handling immigration issues.
mentioning only the two we are campaigning for right now:
1. Employment based Visa recapture
2. Protecting children of legal immigrants from aging out regime
this is even more important than just sending an email
Better yet if you can meet if not call in the next 7-10 days.
more...
house we reported Megan Fox was
Janisaris
08-24 08:49 PM
Did you get your reciept yet or checks cashed? Which service center?
tattoo Fashion Spot – Emporio Armani
nixstor
06-22 01:49 PM
I have a electronic mail from them with the 140 receipt Notice (as PDF)
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
from USCIS.. I took the LIN number from there and Queries USCIS - they says USCIS received my App on May 15th and under processing....
I took a Print out of that 140 receipt Notice and will attach with 485 Application... My approval will not come before Jan-Feb 2008.
Just wanted to let you know, if your 140 is pending, you will have to submit the receipt notice and also the copy of labor cert showing the PD. Read page 4 below the NSC mailing address.
more...
pictures who#39;s taking Megan Fox#39;s
viper1400
02-11 11:30 PM
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
Sent $54 to cover some paypal expenses
You have sent $54.00 USD to donations@immigrationvoice.org.
Contribution so for $204
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
Sent $54 to cover some paypal expenses
You have sent $54.00 USD to donations@immigrationvoice.org.
Contribution so for $204
dresses and Megan Fox#39;s GQ covers
kg318
04-25 01:18 PM
I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.
Thanks a lot man.
Thanks a lot man.
more...
makeup Megan Fox (All Megan Fox
Macaca
07-08 09:28 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
girlfriend Megan Fox poses during the
gondalguru
07-02 08:42 AM
Sent july 28th
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
hairstyles girl Megan Fox.theres
actaccord
02-01 12:41 PM
to create forum like this and get people who complains about India and slowly work on fixing it one by one. Hope our kids get to enjoy without (or with very less) complaints.
PS: If I want to fix anything, 1st I would work on fixing the education system. My kids will start screaming (bcs of bad experience they had) the moment I say "You will be moved to India school shortly".
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
PS: If I want to fix anything, 1st I would work on fixing the education system. My kids will start screaming (bcs of bad experience they had) the moment I say "You will be moved to India school shortly".
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
sanprabhu
11-18 01:00 PM
Should we do call the sponsor of this act? The dream act supporters list the senators that are on the fence, and urge them to call and I think we need to start call the main players like Reid, Schumer, Menendez to get them behind our provisions. Calling Durbin is probably will not work but we never know, thanks
Sandeep
Sandeep
kysrek
06-14 03:31 PM
My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
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