Monday, June 27, 2011

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  • aquarianf
    04-25 10:27 AM
    [QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

    as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

    Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.




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  • anu_t
    06-22 01:34 PM
    My employer is also behaving exactly similar way... Spend the money from your own Pocket ( 350 med + 385 ) around $750 and ask them to just
    give the Future Employment Verification Letter for 485.

    I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..

    After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!

    If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)

    Sounds like a Plan ? - Let me know !

    But don't you need copy of 140 also?
    Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.




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  • jasmin45
    07-11 08:26 PM
    Excellent Dude! .. that is what we need to do... youtube/google all the videos related to this campaign.... Few areas of improvements to be noted synchronization between visuals and the vocals... and it also ended abruptly..

    If possible, please try to get this straight and youtube it again...




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  • sandy_anand
    02-18 02:41 PM
    transaction ID for this payment is: 1V923300P24635823.

    I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!



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  • neelu
    05-23 01:25 PM
    Finished calling the senators. Got hold of 2 + 7 senators.
    Started sending emails.

    Please everyone.........this is the time.
    Together we can do it.




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  • vinabath
    04-22 11:31 AM
    kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

    It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

    Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

    If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
    It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

    Sabre rattling might get you out of this one, but the world still remains a small place!

    I agree with this post. Solve this amicably. Non-compete clause is a strong one and is one-sided.

    If you are worrying about 4k you are worrying on the wrong thing. You need to worry about the non-compete.



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  • eb3_nepa
    05-03 05:14 PM
    I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
    They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
    I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
    --MC

    I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.

    Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.

    Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.

    All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.




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  • sweet_jungle
    11-07 06:40 PM
    I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.

    btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.

    So that was it. Am going to wait it out patiently.

    hi cal97,
    Are you a CSC-NSC transfer case?
    Are you telling that FP was already sceduled even before you went for Infopass?
    Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
    Thanks a lot
    SJ



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  • sen_raju
    07-13 12:54 AM
    http://www.topix.net/content/trb/2007/07/quest-for-green-cards-leads-to-sweet-smelling-protest




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  • diptam
    06-22 11:28 PM
    Using spouse's name is a great idea ...

    If i say i'm joining Masters Program then also they wont give the Letter
    - they dont want to lose the FAT billing rate out of me.


    I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.



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  • BharatPremi
    11-01 04:55 PM
    Guys,

    Here is my understanding. Please add your suggestions and opinions

    Goal: Use AC21 safely to achieve GC

    Addressed Parties: Applicant( "A")
    Current Employer(Comany X - "X")
    Client of current Employer (Company Y - "Y")
    Future Employer (Company Z - "Z")

    Prerequsites:
    ------------
    Good Relations with X
    ----------------------

    Documents to be asked for:
    --------------------------
    1) 181 Days wait period
    2) "Intent to hire in future" Letter on the last day of the job
    3) Copy of "Employment Letter" submitted for 485
    4) Copy of certified labor
    5) Copy of approved I-140
    6) Original 485 receipt and original receipts of AP and EAD if applicable
    7) Original pay stubs for this 181 days period

    Bad Relations with X
    --------------------

    Documents to be asked for:
    --------------------------
    All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
    Labor certification number and copy of 485 receipts ARE MUST.
    Paystubs anyway you will get. In case if "employment letter" is not
    given then try to take "Reference letter" from Y which depicts you
    were working as a X's consultant with title "Job description --matching
    Job Code" from this period to this period (Last day of your 181st day)

    Things to be taken care of at Z side:
    -----------------------------------
    1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
    2) Have offer letter with start date (182nd day), with "Same Job Code" with
    your 485 is filed and written commitment of pursuing GC from where it was
    left without any condition.
    3) Have commitment of direct communication with lawyer
    4) Have employment letter secially prepared for teh use of AC21 having start
    date, Job code, title, job description and commitment of future continued
    employment
    5) Send AC21 notification letter alongwith employment letter of Z, paystubs
    from X through Z's lawyer.

    Thanks.

    AM I MISSING SOMETHING?




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  • srinivas_o
    02-09 03:04 PM
    Just donated 100 dollars for the event.

    Your transaction ID for PAYPAL payment is: 2U4520238Y121973J.



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  • Jimi_Hendrix
    10-27 02:00 PM
    is going to be very short. Therefore we should not have high hopes of getting things through in this session. This is a long fight so keep persevering and keep up the hopes.

    On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.




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  • leoindiano
    12-26 10:51 AM
    Did your app go thru Texas-vermont-texas cycle? When did your app reached USCIS?



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  • nozerd
    05-04 07:32 AM
    Khodalmd

    Read carefully

    Its says either

    Masters degree or higher from US Univ

    or

    Masters in STEM with 3 yrs experience.

    So Im interpreting it as - if you have Masters degree from US university it doesnt matter what field it is in.
    However if you have Masters from a foreign Univ it has to be STEM and you must have 3 yrs exp.

    They havent specified STEM for US Univ educated applicants




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  • zoooom
    07-19 07:22 PM
    Done...
    I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
    BTW I pledge $100



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  • amitjoey
    05-23 04:10 PM
    I see a Webfax being setup. Only 49 members have used it. Very simple to use, click on webfax, enter your state and details, send. 10 sec. Please use this. This is the most simple thing you can do.




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  • dingudi
    12-16 06:56 PM
    Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...

    What are you guys thinking as next step?

    No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.




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  • Winner
    11-18 08:53 AM
    Did my part




    simple1
    05-01 01:31 PM
    Thanks vbkris77. That is what I am saying.
    There is no references in INA showing EB dependents must be counted in EB quota. period.

    INA doesn't talk about visa allocation for spouse and children in employment pref. So we need to atleast challenge CIS interpretation on this.




    anzerraja
    07-20 12:29 AM
    Garika , Thanks !!!


    $100 from me too



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