TheOmbudsman
10-26 11:08 AM
Your points are correct. The real question is how many more can the country take without going unsympathetic to immigration. That's their country and their decision you know.
You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).
http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
You guys migh want to read this, if you haven't done so that already. Great article that helps you understand the shift in posture. I am afraid that things will get rougher for us. Fortunately we are in the best position possible, if we learn how to take advantage of this situation (assuming that we ever get the GC!).
http://www.spiegel.de/international/0,1518,439766,00.html
Immigration is a demographic imperative for America and the rest of the western world. Fact is the modern western cultures that empower women, encourage them to the workplace, make contraception/abortion freely available and make alternative lifestyles a choice, leads to a drop in fertility rates. Liberal leaning countries have amongst the lowest fertility rates, well below replacement levels.
The above makes it an imperative to import labour and yes sheer people to take care of the old and infirm, to keep the service sector rolling even if manufacturing etc is outsourced. The only question is what kind of immigration and how much of it. In short the answer is the USA is not a dumb country, it generally always acts in its self interest faced with these choices. I believe EB immigration will soon be liberalised. This would be a smart thing especially if coupled with a crackdown on illegal immigration.
US population is growing yes, but the elderly population is exploding. More are getting older (baby boomers) and once there there they are sticking aroung longer. I wish there was a measure of working age population only, the growth of that population is probably much less than that of the general population.
wallpaper Valentine#39;s Day Printable
skgc
04-01 01:33 AM
Hi All,
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
I have a question about invoking AC21 using EAD vs AC21 using H1B.
My status is as follows:
- approved 140 from a BIG company with BIG lawyers, but company going down.
- more than 180 days since filing 485
- H1B valid till March 2010.
- I have been on H1B since 2001
- WILL BE LAID OFF THIS WEEK.
I do not know if my sponsoring employer will revoke my 140, but I believe it should not matter.
My question however is regards to the EAD/H1B usage after revoking AC21.
I may get an offer from a company that is small with limited funding. They are not willing to do my H1B and want me to use EAD. I wanted to keep my H1B valid, but the company will make me pay for it. And given that I will have to apply for extension soon, I will have to pay for it again. So monetarily, its not good for me.
So I thought of using EAD for the new job. But if I want to get back to H1B later, i have the following questions:
1. Can I go back to H1B again after using EAD
2. Will I be subjected to the cap?
3. What should I do to get back to H1B?
4. Can I do it without leaving the country?
5. Will the financial of the new company matter. Its a valid startup and my job will be similar. I will take a pay cut, but I believe it should not matter for AC21.
6. Any other advice, anyone?
I would really appreciate if someone could help me out.
regards,
ssk
ps: i have donated and been active in the forum earlier under a different name. i lost that id, hence created a new one. so please dont reply asking me to donate first.
sledge_hammer
02-12 01:52 PM
You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" I did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" I did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
2011 day coloring pages!
texcan
09-13 12:53 PM
Everyone,
It will be a great help for everyone, if you all update
case information in signature.
Information helps get a perspective to others who are reading it,
all info in one shot.
Please Please Please update your signature and add it to posts.
It will be a great help for everyone, if you all update
case information in signature.
Information helps get a perspective to others who are reading it,
all info in one shot.
Please Please Please update your signature and add it to posts.
more...
simple1
05-04 10:39 PM
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
fetch_gc
10-03 11:01 AM
Quote:
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
more...
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.
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.
2010 Printable Valentine#39;s Day
payur
11-21 01:04 PM
Mehul:
first of all, do not lose hope. You should be determined to fight.
Please be sure we all have problems and all of us are fighting so do not think you are the unlucky one...take that thought out of your mind. And then fight and if you are determined to live, you can even beat this so called fatal disease! It is all in you, the power, bring out the power, whether you do Yoga or prayers... You can fight. You must understand that God is in you and even in your so called fatal cancer. God is everywhere, even in each action you do..connect with IT...and you will be at peace..and if you feel being in US will help all of you, so pray for it...BUT YOU MUST FIGHT AND CONNECT..
whether YOGA or PARYERS..its upto you..constantly think about IT...
Connect with IT
and YOU WILL DEFINTELY GET THE ANSWER! Please do not self pit yourself...NEVER GET THAT THOUGHT IN YOUR MIND..
E THE FORCE WITH YOU! HAVE FAITH IN IT! YOU WILL DO GOOD! ALL YOU YOU WILL DO GOOD!
Mehul, I totally agree with desibechara. Never get the thought in your mind. 90% of it can be cured with positive thinking. Be brave and fight it. My prayers are with you and your family members.
first of all, do not lose hope. You should be determined to fight.
Please be sure we all have problems and all of us are fighting so do not think you are the unlucky one...take that thought out of your mind. And then fight and if you are determined to live, you can even beat this so called fatal disease! It is all in you, the power, bring out the power, whether you do Yoga or prayers... You can fight. You must understand that God is in you and even in your so called fatal cancer. God is everywhere, even in each action you do..connect with IT...and you will be at peace..and if you feel being in US will help all of you, so pray for it...BUT YOU MUST FIGHT AND CONNECT..
whether YOGA or PARYERS..its upto you..constantly think about IT...
Connect with IT
and YOU WILL DEFINTELY GET THE ANSWER! Please do not self pit yourself...NEVER GET THAT THOUGHT IN YOUR MIND..
E THE FORCE WITH YOU! HAVE FAITH IN IT! YOU WILL DO GOOD! ALL YOU YOU WILL DO GOOD!
Mehul, I totally agree with desibechara. Never get the thought in your mind. 90% of it can be cured with positive thinking. Be brave and fight it. My prayers are with you and your family members.
more...
optimizer
02-15 12:55 AM
Contributed $100 for advocacy effort.
Your transaction ID for this payment is: 93234020FK994614H.
Your transaction ID for this payment is: 93234020FK994614H.
hair Valentines, Coloring Pages
TheOmbudsman
10-25 11:54 AM
Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them. Honestly, I wish us good luck, but I am not sure.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
Ombudsman, you forgot one important point however.
If the Dems do win the house, the speaker will be a Dem. and she will set the agenda to be discussed and voted upon. Also the ranking members on the various comittees will also be Dems. Therefore they will make the decisions such as, when and how to discuss these measures in committee, when and with whom to hold congressional hearings(expert testimony), when to go to conference and which representatives to to go to conference, and so on, these things influence the legislative process as much as votes do.
The bottomline is House Republicans had a fair shot at this and decided against any changes, I can't see how them returning is going to solve a thing. Immigration is one of the few issues that the Upper House and the Pres. can agree with a democratic congress on. Issues such as Soc. Security, healthcare etc will certainly end up in gridlock as the republican strategist Ed Rollins points out.
more...
amslonewolf
05-01 03:16 PM
This could have a huge impact.. I posted this on the donor forum as well.
hot Valentine coloring pages for
reddymjm
05-01 09:04 AM
Look Here
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
EB2 went to U and then because of EB1 they are available. so it could be all EB3 numbers left. In that case we can see considerable movement in EB3. If EB3 ROW becomes current or close to current next visa bulliten there might be some movement for India and china in coming months or atleast IN FY 2009.
--------------------------------------------------------------------------------
look here at
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
"Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "
It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.
EB2 went to U and then because of EB1 they are available. so it could be all EB3 numbers left. In that case we can see considerable movement in EB3. If EB3 ROW becomes current or close to current next visa bulliten there might be some movement for India and china in coming months or atleast IN FY 2009.
more...
house free printable valentine#39;s day
Prashant
07-03 12:00 PM
Guyz what flowers are u sending lets keep it uniform ... l
tattoo Coloring Pages |; Valentine#39;s
adobe howm
08-08 12:04 PM
Congratulations.
that is the good news. we are happy to hear this from you.
you could have posted the same on here "EB2 India/China GC Approvals Starting Aug 1st 2008" but worth stating this on a new thread so that you have something to remember when you look back in future. ;)
today is your official independence day from uscis. cheers :-)
that is the good news. we are happy to hear this from you.
you could have posted the same on here "EB2 India/China GC Approvals Starting Aug 1st 2008" but worth stating this on a new thread so that you have something to remember when you look back in future. ;)
today is your official independence day from uscis. cheers :-)
more...
pictures Free printable Valentine
gcsucks
05-02 12:33 PM
Section 205. Retaining Workers Subject to Green Card Backlog.
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available
Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).
Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available
Section 201 item two says exemption for all advanced degree holder who worked in US for atleast 3 years in a "related" field. I know there might be issues with definition of "related" but seems job can be EB2/EB3 as long as the beneficiary has an advanced degree and the job is in related field - they are exempt. Am I reading it correctly? I think is how its in STEM right now. A very good back bill for us (if CIR fails to materialize).
dresses day coloring pages!
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...
makeup Love Sick Valentine coloring
acecupid
09-24 02:19 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
girlfriend Valentine-1-Coloring-Pages
NKR
04-23 12:54 PM
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
hairstyles printable coloring pages,
Winner
11-18 08:53 AM
Did my part
jobycjoseph
07-20 07:42 AM
Pledging $100
chanduv23
08-26 01:05 PM
I did and I got a response in mail saying there are extremely high volume of cases filed before me, that is why it is taking time.
Hmmm, and congressman or senator?
Keep pursuing, you may find help from some direction.
Hmmm, and congressman or senator?
Keep pursuing, you may find help from some direction.
No comments:
Post a Comment