kondur_007
09-21 10:45 AM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
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beemboy
05-31 10:11 AM
This is my first time $200 contribution for this great organization. Keep up the good work guys!!
Google Checkout #778027030093989
Google Checkout #778027030093989
rameshk75
04-07 10:20 AM
Ron's answer for "Leavng petitioning employer after the I485 approval?"
http://immigration-information.com/forums/showthread.php?t=4764
http://immigration-information.com/forums/showthread.php?t=4764
2011 Lilita von M » Hayley Williams
JunRN
12-17 03:49 PM
New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
more...
ssss
01-10 06:43 PM
My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP
Berkeleybee
04-12 12:56 PM
Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.
Good to see our leads payoff.
best,
Berkeleybee
Good to see our leads payoff.
best,
Berkeleybee
more...
dyekek12
12-13 02:15 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
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chanduv23
02-17 11:09 AM
Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.
There is a lot of work that needs to be done. The active folks must motivate the passive folks.
There is a lot of work that needs to be done. The active folks must motivate the passive folks.
more...
coolngood4u80
10-20 12:12 PM
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
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rayoflight
09-24 01:40 PM
... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.
Cheers,
Rayoflight
Cheers,
Rayoflight
more...
jsb
01-08 03:49 PM
Can someone please clarify
i know there is always risk involved ....
If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
i know there is always risk involved ....
If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
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ita
01-16 11:13 AM
Thank you so much vin13.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
more...
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gcformeornot
08-16 01:44 PM
Hi,
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
is paying for my complete GC process. But I am going to pay for my wife and kid's legal fee for 485+EAD+AP and filing fees for 485+EAD+AP
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
is paying for my complete GC process. But I am going to pay for my wife and kid's legal fee for 485+EAD+AP and filing fees for 485+EAD+AP
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lecter
January 6th, 2005, 09:40 AM
Here's the thrid in my "tryptich"
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
more...
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sss2000
10-31 03:31 PM
I talked to Delta rep and she told we can transfer miles from one account to another account. But there is a big catch. You need to pay about $10.00 for every 1000 miles transfered and $25.00 transaction fee.
dresses Paramore#39;s Hayley Williams
ar7165
07-20 02:57 PM
Sorry, I mistakenly wrote earlier that my I-485 is approved. It is not. It is at pending status. That's why I was wondering if I'm eligible to apply for Unemployement benefit.
more...
makeup Hayley Williams Cosmopolitan
satishku_2000
01-07 07:05 PM
Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.
By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.
By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.
girlfriend Hayley Williams from Paramore
WaitingForMyGC
06-25 11:18 AM
Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
hairstyles Hayley Williams Cosmopolitan
thomachan72
03-07 10:33 AM
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
?
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
?
gc_dream07
02-01 01:22 PM
If you have enough money, invest 1million in US, and get GC, and buy peace of mind.
sri1309
05-11 07:58 PM
Good job, Dude..
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