cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
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tonyHK12
02-25 08:32 AM
Contributed $100. Your transaction ID for this payment is: 6WA26225ME502873T
go IV!
go IV!
mahujam
08-05 09:57 AM
These guys are not consistent. I should have gotten a 2 year EAD.
Dunno who to take this up with.
Dunno who to take this up with.
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swissgear
08-25 10:00 PM
Not sure if its a BREAK or no Visa numbers...
On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.
On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.
more...
snathan
02-09 04:59 PM
^^^^^^^^^^^^^^^
Mahatma
08-12 10:11 AM
Congrats to all who are PRs now!
After CPO e-mail, card arrives within 10 days.
Chain of events are not consistent but usually at 1or 2 days interval, approval and welcome e-mails are seen as hard LUDs.
I-797 notice of approval is enough to go to district office and have I-551 stamp in passport. This is the proof of GC.
Enjoy, do not worry and relax!
Remember your family, friends and IV.
Please be generous in contributing (my continued participation, advisement and $$$$.....).
Recurring contribution, small is beautiful and kaizen would help us all.
Wish you all to be best citizens and ambassadors of peace, prosperity and happiness!!
After CPO e-mail, card arrives within 10 days.
Chain of events are not consistent but usually at 1or 2 days interval, approval and welcome e-mails are seen as hard LUDs.
I-797 notice of approval is enough to go to district office and have I-551 stamp in passport. This is the proof of GC.
Enjoy, do not worry and relax!
Remember your family, friends and IV.
Please be generous in contributing (my continued participation, advisement and $$$$.....).
Recurring contribution, small is beautiful and kaizen would help us all.
Wish you all to be best citizens and ambassadors of peace, prosperity and happiness!!
more...
dhesha
08-27 12:05 PM
Yesterday we got our cards for myself and wife. Good luck to all who are still waiting.
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gcnirvana
05-30 12:57 AM
1. I sent emails to Senators again.
2. Sent another issue of my story to 50+ journalist/newspapers again.
3. Sent Webfax again.
Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.
Go IV Go...
2. Sent another issue of my story to 50+ journalist/newspapers again.
3. Sent Webfax again.
Cmon people...this is the only change we've got and IV is the only hope we can hang on to. Please use it to the fullest.
Go IV Go...
more...
raja_123
09-26 07:42 PM
my lawyer received receipt for all - AOS, EAD, and AP from NSC. :)
the application was mailed on Aug 6, 2007.
the application was mailed on Aug 6, 2007.
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gene77
02-06 04:08 PM
Hi Gene,
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
a
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
a
more...
Jun03
06-26 04:22 PM
I was thinking I was all alone until my friend sent me the link to this forum to find out that there are so many others in a situation like me. Employer not filing I485 because of so many stupid excuses. Emails/Voicemails go in vaccum these days.
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gene77
03-25 10:01 PM
I am curious to know what's stopping the EB3s to port their dates to the EB2 category. I've been seriously considering this lately.
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
more...
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bhavinkanani
07-06 07:59 PM
Mine reached Texas at July 3rd 9-30 a.m. it was mailed on JUNE 30th via DHL for next day delivery but as per DHL they had routing discrepancy (or my bad luck) and they delivered it on JULY 3rd instead of JULY 2nd..any one out there with JULY 3rd delivery..any updates for them..
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desi3933
08-18 02:04 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
You forgot to mention (d)
(d) logoff and close account at IV after getting GC
more...
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pret_23
01-30 05:04 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
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kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
more...
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new_horizon
03-05 03:59 PM
I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
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royus77
08-03 04:55 PM
I called IO today, still no information in system about my I-485 application that I filed June 28. What is funny is they can find my H1 extension that I filed on July 22 ??!!
I asked if my case will be transfered to Texas as my I-140 is approved from Texas, answer: Yes it will transferred to Texas IF they need to. So it is not a must. we will see..
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
I asked if my case will be transfered to Texas as my I-140 is approved from Texas, answer: Yes it will transferred to Texas IF they need to. So it is not a must. we will see..
Hello Gc ,
Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC
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mqualique
05-01 01:47 PM
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
miapplicant
10-04 11:29 AM
Applied on July 19 at NSC and still nothing.
I am also July 23rd at NSC. I think we need to start our own thread.
I am also July 23rd at NSC. I think we need to start our own thread.
Aah_GC
05-08 02:33 PM
lets get together and do something please.. we need to act this month..
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