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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vali
10-23 11:38 AM
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
ksairi
08-16 02:38 PM
Please advice
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FredG
April 17th, 2004, 08:15 PM
Sounds like a soap opera to me. :rolleyes:
Fred
Fred
more...
royus77
06-20 04:54 PM
Yes. You can go for H1b stamping even though you applied for 485 . Not sure above your 2 ns Question
shirish
02-23 01:21 PM
Can H4 dependent join college without changing his/her visa status to students visa.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
more...
extra_mint
11-29 05:32 PM
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
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amdn123
11-08 11:38 AM
Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
more...
ksvreg
02-25 01:37 PM
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
Thanks a lot for your input. So I can join after the PWD is done.
Thanks a lot for your input. So I can join after the PWD is done.
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tharu
06-28 11:36 PM
My H1 expires by August and my employer has filed for an extension. I have my EAD and approved I-140. I just wanted to maintain H1 status and asked the employer to file for extension. Given the processing time at this moment it would take about 3 months for the process. My question is: Can I travel outside US while the extension petition is pending and if my extension gets approved; can I get this stamped and use this to reenter US?
more...
Appu
07-09 02:38 PM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
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gcwanted101
09-01 12:10 PM
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
more...
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sundarpn
04-16 06:40 PM
I have still not converted my I-140 to premium with my current employer, though I intend to right away. But, that will take a month (upto 15 bus. days) and then say 2 weeks to try to get the copy of I-140.
Till then I cannot hold the other job offer.
Till then I cannot hold the other job offer.
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fullerene
11-17 01:30 PM
H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
more...
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needhelp!
03-10 03:00 PM
What is FOIA?
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
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pak
07-27 03:01 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
more...
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panini
06-11 03:48 PM
If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
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gccovet
10-20 12:00 PM
Hi
I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.
Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...
Please help. I need your suggestion.
Thanks,
BK
Most of the time people change attorney due to conflit of interest. If your old attorney was hired by your previous employer to do H1 etc stuff, he might have to be loyal to your previous employer.
G28 is a "power of attorney" form. This form will allow your attorney to act/reply on your behalf for legal immigration matters.
GCCovet
I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.
Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...
Please help. I need your suggestion.
Thanks,
BK
Most of the time people change attorney due to conflit of interest. If your old attorney was hired by your previous employer to do H1 etc stuff, he might have to be loyal to your previous employer.
G28 is a "power of attorney" form. This form will allow your attorney to act/reply on your behalf for legal immigration matters.
GCCovet
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gc_rip
08-10 08:53 PM
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?
Why can't democrats come up with a bill like this, good for EB immigration? And what would be a reason for Democrats to vote out this bill?
shaktiyshah
06-09 06:52 PM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
Cataphract
02-20 10:47 AM
http://immigrationvoice.org/media/Flyer_Formated.pdf
Thanks for the flyer link - that takes out any excuse from anybody who is still on the fringe.
Thanks for the flyer link - that takes out any excuse from anybody who is still on the fringe.
