mk26
05-14 10:10 AM
Howard County
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SGP
10-28 10:38 AM
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
pmpforgc
04-26 09:24 PM
Completely agree with the point that you are trying to make here. Since the time I have been here, each year I have seen my juniors/friends come to U.S. on h1b visa/F1 visa/h4 visa., pretty excited and having a rosy picture of their future, completely unaware of the mess that we are in. This reminds me of the time when I came here few years ago, absolutely unaware of the green card backlog and the filing process. If I knew then what I know now, my life would have been completely different. Each year, thousands of Indians enter US on h1b/F1 visa, each(or atleast most) of them hoping to have a smooth transition to green card, ignorant of the terms " labor" "PD" "Retrogression" etc. when they do realize the meaning of these terms and their impact on our lives, they get a rude shock. It is unfortunate that people with PD of 2002 (in EB 3 india) are still waiting for their GC 8 long years after applying for it!!Imagine the plight of the youngsters entering U.S. now,who will apply for GC under EB 3 say in 2011 or 2012. Would it be a 25 year wait for them and are they ready for it?
I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.
I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.
I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)
IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.
But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.
IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)
I think when I came I was just worried only about my F-1. Though I later on get H1 and GC.
I think WE CAME ON NON-IMMIGRANT VISA (F1/H1/J1/L1 etc.) and WE WERE EXACTLY KNOWING OUR RIGHTS AS NON-IMMIGRANT VISA APPLICANT TO THIS COUNTRY.
I Dont think there are much issues in maintaining our NON-Immigrant visa (except you want to play the system with consultant jobs etc.)
IF WE CHANGE MIND AFTER COMING HERE(and decide to stay PERMENENTLY, totallly differnt from our ORIGINAL OBJECTIVE OF COMING HERE)that should be OUR problem.
But while coming here we were exactly knowing we are coming here JUST TO STUDY OR TO WORK. I think if you are arguing against this prior knowldge you are fooling your self.
IF SOME ONE WANT TO COME HERE TO JUST BECOME PERMANENT RESIDENT HE SHOULD COME ON GC ONLY (not on F1/j1/h1/l1)
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
ramus
09-08 01:05 PM
rpulipati,
If I remember correctly, I think you starting from Greensboro, NC..
Do you plan to ride our bus ? Are you in touch with raleigh folks?
Please send me PM if you interested in riding bus..
Thanks.
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response. I read the mission statement & website, but I'm still not clear on what we want from this rally (other than showing support for IV).
If you look at few months back, when supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
1) Is there a bill in congress, that we are supporting? If so, please share the details.
2) Are we proposing a new bill? If so, is it not wise to propose a bill ASAP before rally? Law-makers are going to ask, what do you guyz want? Are there any benchmarks for rally? Having a solution (a bill) in hand will help to represent and to join more people for rally.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
If I remember correctly, I think you starting from Greensboro, NC..
Do you plan to ride our bus ? Are you in touch with raleigh folks?
Please send me PM if you interested in riding bus..
Thanks.
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response. I read the mission statement & website, but I'm still not clear on what we want from this rally (other than showing support for IV).
If you look at few months back, when supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
1) Is there a bill in congress, that we are supporting? If so, please share the details.
2) Are we proposing a new bill? If so, is it not wise to propose a bill ASAP before rally? Law-makers are going to ask, what do you guyz want? Are there any benchmarks for rally? Having a solution (a bill) in hand will help to represent and to join more people for rally.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
rockstart
10-29 09:32 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
more...
raj131982
04-13 01:03 PM
Thanks for the response.
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.
And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?
How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.
Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.
Your help & advice greatly appreciated.
Thanks
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Dhundhun
04-24 12:31 PM
Hey god_bless_you,
God gave me a RED DOT.
Anyway, congrats again.
Enjoy.
God gave me a RED DOT.
Anyway, congrats again.
Enjoy.
more...
forgerator
12-17 12:08 PM
its not very wise to be traveling with so much cash. Why not use traveler cheques or do money transfer?
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WeShallOvercome
08-02 04:40 PM
I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
The day you file your I-485, EAd/AP is your Receipt date.
You can change employer without jeopardizing your I-485 process after 180 days of Receipt date.
You get EAD/AP in a few months from receipt date
you get your GC once your I-485 is approved which could be anywhere between 6 months and 6 years depending on one million factors..
Don't know what happens once your Gc is approved.. I heard it's good to have it, so I'm running after it like everybody else :)
The day you file your I-485, EAd/AP is your Receipt date.
You can change employer without jeopardizing your I-485 process after 180 days of Receipt date.
You get EAD/AP in a few months from receipt date
you get your GC once your I-485 is approved which could be anywhere between 6 months and 6 years depending on one million factors..
Don't know what happens once your Gc is approved.. I heard it's good to have it, so I'm running after it like everybody else :)
more...
chanduv23
06-19 12:23 PM
Wow! Thank you everyone for your input!
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
Yes, my dad took his expired GC to the Chennai Consulate when he went for his visitor's visa stamping and let the first level screening officer know that he has this document - she then made a note of it (I think) and asked my dad to hand it over the VO during the interview. When my dad handed it to the VO - he was looking and gazing at it for a while and then took it inside and had a small discussion with a couple of people and then filled out a form and had a notary notorize it and asked my dad to fill out the form and gave my dad a copy and then put it in an envelope and attached this to my dad's visitor's visa file.
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MetteBB
05-11 02:23 PM
alright, here's another one...
you guys r hard to please :to:
/mette
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/mette
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seeniraj
03-20 10:47 PM
Do you know the reason for the 140 denial ?
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rcauvery
10-02 10:50 AM
We just applied for a student loan and got approved. Here are a few things we found out during the course of applying for the loan.
The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.
If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.
You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]
PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/
Hope this helps and good luck with school.
The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.
If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.
You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]
PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/
Hope this helps and good luck with school.
more...
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fearonlygod
11-13 08:44 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
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painful_GC
03-11 03:10 PM
hi..Many thanks..this is an excellent information..I was suggested to wait for the H1 Decession and then get L2 status.Good to know that we can do L2 and EAD cocurrent filing.is there any URL about this information ?? Secondly..
If i go with required documents to india and get stamped how long do u think it takes??
If i go with required documents to india and get stamped how long do u think it takes??
more...
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pappu
12-20 10:05 AM
Thanks. Havnt contacted him yet.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
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GCTorture
12-10 08:13 AM
So 22nd Jan 02 to 01 Feb 02. What the hell this means? After how much of time it moved 10 days? Is all the technology they boast about, just a hypocrisy?
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gcnirvana
01-29 12:42 PM
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ivar
06-18 10:59 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
GCKaMaara
04-07 04:52 PM
I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
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