sankap
07-10 01:07 PM
Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
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immigrationvoice1
03-26 10:04 AM
Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.
When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?
There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?
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.
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rnanchal
08-20 02:07 PM
Hello everyone
Wanted to let everyone know of my experience. I dont physically have my card, but there is an approval notice on the USCIS website.
Priority date October 20th 2005
I opened a service request on Monday August 16th. The person on the other end of the line was extremely polite and nice. I told him I had a speaking engagement in Canada (which is the truth) and that if my case was expedited, I would not have to apply for a visa. He given me a SR number and asked me to wait for 30 days which I was prepared to do. However my case status changed online on August 19th. I am unsure as to whether this was because of the service request or things would have taken this route anyway.
Best wishes to people who are waiting
Wanted to let everyone know of my experience. I dont physically have my card, but there is an approval notice on the USCIS website.
Priority date October 20th 2005
I opened a service request on Monday August 16th. The person on the other end of the line was extremely polite and nice. I told him I had a speaking engagement in Canada (which is the truth) and that if my case was expedited, I would not have to apply for a visa. He given me a SR number and asked me to wait for 30 days which I was prepared to do. However my case status changed online on August 19th. I am unsure as to whether this was because of the service request or things would have taken this route anyway.
Best wishes to people who are waiting
more...
indyanguy
09-26 12:58 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
SGP
11-17 03:39 PM
Done
more...
gkattalu
08-20 08:57 AM
My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
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PavanV
02-02 05:52 PM
[QUOTE=PavanV;2310274]
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
Simple ... Blacks and Latinos are minority in US... and in India so called Backward Castes are the Majority and in a Democracy MAJORITY RULES! .. so Reservations Persists in India!!! :)
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
more...
kopra
08-25 09:03 AM
I Remember US companies directly recruiting from India during 1997-99 .This was a very costly affair for the companies. They used to take phone interviews, and then sponsor the H1B for the employee with very high Compensation, pay the tickets for employee and family( usually first class) , give hotel/furnished apartments for 1-2 months, Rental cars etc. This was done when there was a genuine need for the company to hire H1B's as they could not find enough qualified people in US. By 2000 the equation changed and small H1b companies started appearing like mushrooms in most of the big cities who asked for H1B filing fees. Companies were also gaining from this as they have no legal hassle of H1b and the rates were competitive.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
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tonyHK12
02-15 09:47 AM
Great initiative IV. Finally signed up for monthly contributions. If that doesn't count towards the event fund, will make a one time contribution as well.
thanks pbuckeye, nandu_k_n.
for pbuckeye - please send all these details to ivcoordinator@gmail.com along with your email and phone.
thats right, only one time contributions are being considered for this event.
thanks pbuckeye, nandu_k_n.
for pbuckeye - please send all these details to ivcoordinator@gmail.com along with your email and phone.
thats right, only one time contributions are being considered for this event.
more...
cr52401
06-11 10:07 PM
All checks cashed June 8th. It was sent to Nebrasks. I hardy just could read the SRC letters in back of my check. Online image in not good. I guess it has gone to Texas sercice center.
Do you know how long for receipt letter?
Thanks.
Do you know how long for receipt letter?
Thanks.
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bayarea07
02-03 04:02 PM
Another Question, How do you imagine yourself in this country when you are 60 Years old and with no security system around, that was the biggest question that has always intrigued me.
more...
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gc28262
08-26 05:08 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
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sprint2004
09-07 11:06 AM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
more...
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PD_Dec2002
06-22 01:51 PM
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
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grupak
07-30 10:39 AM
EAD for spouse and self, RD and ND June 18th, LUD on June 20th showing case pending,
LUD on July 29th and July 30th showing approved and card ordered.
My PD will be current in August.
LUD on July 29th and July 30th showing approved and card ordered.
My PD will be current in August.
more...
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peer123
06-13 07:58 PM
My attorney actually filed directly with TSC. So all my case numbers starts with SRC.
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
Is there any specific center we should be sending our 485 application. I have applied for I140 from Nebraska, can I apply for 485 in Texas...
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man-woman-and-gc
09-15 12:41 PM
Hi,
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, . My contribution is $100.
Thanks buddy..can u please send me ur email ID too? I guess in the future when we have # of pledges grow, we will use email as the way to communicate the status on this effort.
Thank You for taking initiation. Please add my name in the spreadsheet.
Chandrasekhar Nachu, . My contribution is $100.
Thanks buddy..can u please send me ur email ID too? I guess in the future when we have # of pledges grow, we will use email as the way to communicate the status on this effort.
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sparklinks
08-18 09:57 PM
June 18th still waiting, No LUDs... PD EB2-I; 03/2006
Gemini
10-04 10:05 AM
Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.
asethura
08-23 12:53 PM
Hi Greatdesi,
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
My status never went to CPO but directly went to PDA...but I received the physical GC in a few days after the Welcome notice (hard copy) and the PDA status change.
Hope this helps.
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