Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
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.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
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.
wallpaper wallpaper Jeep Wrangler
My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.
ALways go for reputed - amongst top 100 colleges. I was admitted in top 25 but didn't take it due to higher fees. I ended-up doing from a top 50 but still I see people who took reputed colleges despite fees and other issues and they are having the last laugh.
ALways go for reputed - amongst top 100 colleges. I was admitted in top 25 but didn't take it due to higher fees. I ended-up doing from a top 50 but still I see people who took reputed colleges despite fees and other issues and they are having the last laugh.
2011 Jeep Wrangler Rubicon 2007
So far 95 Voted. 77% says No update
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)
I have one more question.
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
My wife, also a Canadian citizen, was on F 1 visa until June 2008. She is working on EAD now( based on derivative adjustment).
Her only status now is AOS pending and parolee( has used AP once last october).
Will she be able to enter back without an AP ? ( first AP expired and new one is pending @ NSC)
thanks again!
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
2010 wallpaper Jeep Wrangler 4 Door
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
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Permit me to differ....with ND Bhatt.
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.
Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.
Cheers
Praveen
Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.
Cheers
Praveen
hot Wrangler Unlimited Rubicon
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
house the Jeep Wrangler Rubicon
CIR was a thorn to many -- mostly because of the amnesty... or whatever for the ILLEGALS...
Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).
This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.
Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).
This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.
tattoo But the Jeep Wrangler Rubicon
i kept telling you guys since last week
send faxes to congress /house...it is in the house where bills get structured.
make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider
but everyone on this forum ignored me
no it might be too little too late
i am not saying all i slost...atleast we got some action going amongst the members of this site
it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....
the bottom line was always...borders secure first..then talk about immigration reforms....
for the coming seasons....we have to push for nothing but the SKIL bill
that is the only bill that has hope
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.
send faxes to congress /house...it is in the house where bills get structured.
make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider
but everyone on this forum ignored me
no it might be too little too late
i am not saying all i slost...atleast we got some action going amongst the members of this site
it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....
the bottom line was always...borders secure first..then talk about immigration reforms....
for the coming seasons....we have to push for nothing but the SKIL bill
that is the only bill that has hope
the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall
it is here that we step in...
fees for filing I485 for people under SKIL
fees for being able to file 485 before visa numbers
etc etc etc
we have to take advantage of this opportunity
in the mean while....SEND FAXES ABOUT SKIL BILL
You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.
pictures Jeep Wrangler Call of Duty
Congrats!
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.
BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...
after he gets naturalized, he will withdraw his gc and donate the proceeds to IV:D
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uploaded the letter
makeup jeep wrangler rubicon in
It would be interesting to know the "process" used to legalize the illegals. If getting a GC when you're illegal is easy, I'd tear my H1 and stand in the USCIS illegal line.
girlfriend Jeep Wrangler unlimited
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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did you provide social security number? temporary license can be issued only if you do not provide social security number.
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
Reached on July 2nd, 9.01 AM through FedEx, mailed on June 29th
