gcbikari
04-24 10:55 AM
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.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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pv2715
07-03 10:12 AM
I am for it..
manishcp
08-26 09:13 AM
LC: Dec 2003, EB-3, INDIA
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
I-140: NSC in Dec 2006, No LUD yet
I485, EAD, AP: July 3 2007 @ 11:14AM
No news: No check cashed yet
2011 Tags: tumblr nyfw fashion
saileshdude
08-15 01:43 PM
Guys,
I am in the process of applying for EAD renewal. I have few questions:
On the I-765 form,
Q.11 if applied for EAD before , complete below.
But there is nothing below other than your signature and date. It does not ask you of previous EAD information. What does "complete below" means?
Q.16 The Eligibility here would (c) (9) for I-485 applications correct?
Where do I mail this application . My AOS is pending at TSC.
Thanks.
I am in the process of applying for EAD renewal. I have few questions:
On the I-765 form,
Q.11 if applied for EAD before , complete below.
But there is nothing below other than your signature and date. It does not ask you of previous EAD information. What does "complete below" means?
Q.16 The Eligibility here would (c) (9) for I-485 applications correct?
Where do I mail this application . My AOS is pending at TSC.
Thanks.
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ak_manu
06-09 11:40 AM
Hi,
I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?
FYI,
I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.
I appreciate all of your comments.
Thanks!!
I filed for my I-140 last month and got a reciept notice. Based on the processing times it looks like it might take atleast 6 months for my I-140 to get approved. My priority date is 07/2004 EB3. In case EB3 dates move this month and my PD becomes current, Can I still file for my I-485 this month even if my I-140 is not approved yet?
FYI,
I cannot file for I-140 premium processing as I have filed for I-140 with a substituted labor.
I appreciate all of your comments.
Thanks!!
eastindia
07-21 10:45 AM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
more...
knnmbd
05-05 03:33 PM
What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.
Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.
If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?
No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.
Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.
2010 .tumblr fashion blog:
amitjoey
07-09 07:37 PM
We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.
more...
stuckinmuck
05-28 02:10 PM
Subject: Becoming Illegal (good deal)
(Actual letter from an Iowa resident and sent to his senator)
The Honorable Tom Harkin
731 Hart Senate Office Building
Phone (202) 224 3254
Washington DC 20510
Dear Senator Harkin:
As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.
My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.
Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.
Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.
Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.
Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.
If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.
Thank you for your assistance.
Your Loyal Constituent,
<First Name> <Last Name>
<City>, <State>
Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.
Please pass this onto your friends so they can save on this great offer!!!!
(Actual letter from an Iowa resident and sent to his senator)
The Honorable Tom Harkin
731 Hart Senate Office Building
Phone (202) 224 3254
Washington DC 20510
Dear Senator Harkin:
As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.
My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.
Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.
Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.
Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.
Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.
If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.
Thank you for your assistance.
Your Loyal Constituent,
<First Name> <Last Name>
<City>, <State>
Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.
Please pass this onto your friends so they can save on this great offer!!!!
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gcbikari
11-17 03:34 PM
Done for GA.
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thomachan72
05-23 06:30 AM
I have a bad feeling about IVs goals. Are you only concerned about getting the GC backlogs cleared? or are you going to be asking for H1b related issues to be addressed too? eg:- H1b renewal after the 6th year is an issue any moron could easily understand and pass. That has been there for many years and should continue for a successful H1b program. Please take care of that issue too. I dont see that included in the letter you have prepared to be sent out to all the senators. Please do that urgently. This is a very techinical issue and can easily be campaingned for. Pls dont ignore it.
If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.
Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.
If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.
Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.
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vjkypally
07-20 09:34 AM
I pledge 100$.I know this is nothing compared to the sacrifices made by Aman.
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jthomas
10-09 01:51 AM
filled july 11th
no receipt yet
no receipt yet
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probe
09-12 02:52 PM
My I-140 approved from TSC. I had sent my I-485 to NSC and I was expecting my application will be transferred to TSC.But, I received receipt from NSC.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
I am still waiting for my spouse's receipt.Rest of the details in my signature.
more...
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Libra
07-11 09:02 PM
viewed 56 but only one rating so far, come on guys, rate the video on youtube..........and post some comments toooo
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arihant
05-02 11:40 AM
The relief for EB3 comes because a lot of EB2's/EB1's will be gone from the quota. So, if the queue is smaller, you get it faster. The way I look at it, we want the queue to be smaller.
mrajatish is right.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
mrajatish is right.
Also, if you have an advanced degree from an acredited university outside US AND have been working for 3 years in a related field, you will also be exempt from the cap regardless of whether you are applying/have applied in EB2 or EB3 (believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree).
more...
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GCStatus
09-16 06:07 PM
Nothing really matters as of now, what does matter is this
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
Tell us to call, DONT TELL its doesnt matter
http://immigrationvoice.org/forum/showthread.php?t=21393
So Please Call
Tell us to call, DONT TELL its doesnt matter
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partha_vus
07-04 12:41 PM
My application delivered on Jul 2, 11:25 PM to Nebraska my PD: Jan 2001
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GKBest
10-13 03:39 PM
I did not call them to get the RNs but I got the I-485 checks cashed for my wife and me.
The checks for I-485 for my daughter and the checks for AP and EAD were not cashed though.
But again, looks like, July 3rd 9:03 received by R. Williams, is no more a MIA case.
By the way the receipt date is marked as Oct 10th. Service center is NSC.
WAS IT ALSO A LIN#? I AM PATIENTLY WAITING......HOPING TO BE NEXT.
The checks for I-485 for my daughter and the checks for AP and EAD were not cashed though.
But again, looks like, July 3rd 9:03 received by R. Williams, is no more a MIA case.
By the way the receipt date is marked as Oct 10th. Service center is NSC.
WAS IT ALSO A LIN#? I AM PATIENTLY WAITING......HOPING TO BE NEXT.
dtekkedil
07-03 12:04 PM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
pyaradesi
07-20 09:57 PM
I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.
Are you implying every person born in India in the EB2 owes a debt of gratitude to IV?
Why do people not deserve their greencards? If they followed the law, stood in line, and the government of the USA deemed them fit for a GC what else do you need for them to be deserving? Touch your feet and get your blessings?
Are you implying every person born in India in the EB2 owes a debt of gratitude to IV?
Why do people not deserve their greencards? If they followed the law, stood in line, and the government of the USA deemed them fit for a GC what else do you need for them to be deserving? Touch your feet and get your blessings?
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