EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
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mrajatish
05-04 03:22 PM
So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
raj2007
04-23 02:46 PM
hi all,
Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........
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).
Thanks a lot for all ur suggestions and support. As of now, nothing is moving on in my issue. The last correpondence with the employer was only when i sent mail asking for my money and got reply saying that they will contact their attorney to see what legal action they can take using non compete agreement. But till today, its calm and they are not replying to any of my mails or calls. I feel like its just a mail to scare me......took an appointment with attorney to discuss this and be geared up for action........
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).
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amitjoey
11-17 03:45 PM
Done
more...
kss
07-20 09:08 AM
I pledge $200 for this noble cause.
GCwaitforever
12-12 06:17 PM
:D
Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.
This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.
On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.
Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.
Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".
There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.
Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.
This guy was talking about benefits of legal immigration and introducing Canada/Australia style G-card system only a few weeks ago when law makers were discussing illegal immigration. When it came to legal immigration, then he stood against it like a wall of ice. Talk of people using divide and rule, he is the perfect example of that.
On a sad note, it seems even Dems are doing the same thing. When Cornyn wanted to put our bill in India Nuke bill, Joe Biden said dems will take that up along with CIR next jan. Same old game of promises and betrayal. Now even dems will not be taking up CIR next year as this has been turned into a very sentimental issue now by Lou dobbs and his xenophobic racist gang. Did not you see Nancy Pelosi's agenda for january? They are worried about their presidential and house races in 2008 and don't want to take any chance. Harry Reid might say this is one of the first things on his agenda next year and Tad Kennedy and McCain might keep meeting and talking over a cup of tea, but we have seen all this drama so many times that it does not thrill us any more.
Bottomline, we are not needed the way we used to be in '70s and '80's and so be contended with the current pace of g-card processing. If you have patience and luck, stay here, else leave.
Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".
There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.
more...
gc_on_demand
08-28 07:55 AM
My H1b Extention got approved from Vermont center yesterday.
First 3 year extention filled on July 10th 2008 .
Approval notice sent Email : Aug 27th 2008.
GC Details : PD Jan 2008
I 140 Appoval date : July 31st 2008.
No RFE in h1b extention. One more exp at NJ DMV..
My NJ DL was expiring in Sep 2008 . My visa was expiring in Nov 2008. ( Stamp and I 797 ).
I went to NJ DMV and they renewd my DL till Nov + 90 days = Feb 2009.
it was smooth process and took 1 hour to get it renew.
First 3 year extention filled on July 10th 2008 .
Approval notice sent Email : Aug 27th 2008.
GC Details : PD Jan 2008
I 140 Appoval date : July 31st 2008.
No RFE in h1b extention. One more exp at NJ DMV..
My NJ DL was expiring in Sep 2008 . My visa was expiring in Nov 2008. ( Stamp and I 797 ).
I went to NJ DMV and they renewd my DL till Nov + 90 days = Feb 2009.
it was smooth process and took 1 hour to get it renew.
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english_august
07-11 12:17 PM
If you participated in the flower campaign and if you are in the Broward county area in Florida - please contact Ruth Morris of the Sun Sentinel (http://www.sun-sentinel.com/) asap.
She needs to file a story on this today. Her contact numbers are
305-810-5012
954-802-9530
She needs to file a story on this today. Her contact numbers are
305-810-5012
954-802-9530
more...
prashantkh
07-05 05:59 PM
Order Number: FNK1819608
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
Order Date: Thursday 07/05/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio Gonzalez
Business
US Citizenship and Immigration Service
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
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jindhal
09-23 04:50 PM
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
more...
hebron
07-19 08:08 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
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xyz_123
07-21 09:58 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
more...
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dixie
12-11 10:59 AM
It would be naive and untenable for us to openly ask the lawmakers to limit H1-Bs even while we ourselves on the same visa (and will be for the near future) - it amounts to tacitly acknowledging that H1-Bs are somehow harmful to this country. It wouldn't be any better than numbersUSA saying out with the immigrants even as they themselves are descendants of immigrants.
Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.
Our "friends" would love a deal like that .. first use all legal immigrants to oppose the 12 million illegals, then use us to get rid of H1-B, next use us against FB applicants and finally when EBs are too small a group to stand up for themselves, crush them with a sledgehammer !! Cant think of a more elegant application of divide and conquer. So, sorry we are not going to strike any sort of a "deal" with the other side - because the only deal that works for them is out with ALL immigrants. H1-B or GC, legal or illegal are nuances that simply dont exist for them.
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puvathoor
04-22 02:28 PM
If I were in a similar situation, I would be leaning towards taking some action so that they know that they cannot step over the rights.. If they employ a person, pay him as per the law. If they decide to file for GC, then the employer needs to pay for it, per the law.
The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.
I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.
The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.
I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.
more...
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Sachin_Stock
09-24 01:42 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.
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.
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kdprasad
08-13 07:59 PM
Signature has all relevant information. I-140 was approved August 2005.
Did the Checks get cashed.!!!
Did the Checks get cashed.!!!
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jkays94
06-26 02:02 PM
Unfortunately no community is safe from that irrational attacks of racism!
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
If you turn on your Hispanic TV networks , nowadays lots of Mexicans are
blaming Argentinian coach/ naturalized players on Football World Cup elimination!
Lots of them are demanding that non mexican born people are not allowed neither to coach nor to play for Mexico anymore!:eek:
Unbelivable!
Generalizations are dangerous, for your information it is not racism, the fear of foreigners is known as Xenophobia. Argentines are not that much different from persons from Mexico as to their ethnicity and racial composition. Secondly the views of a few angry callers should not get a country labelled for a social ill just as the minute men and some supremacist groups do not make the US predominantly racist. We're loosing the focus here, this is not about this country or that country its about the immigrant community and the challenges we collectively face.
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raj2007
04-21 03:34 PM
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
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xbeartai
05-23 01:52 PM
Link:
http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
/thomaslfriedman/index.html?inline=nyt-per
By THOMAS L. FRIEDMAN
Published: May 23, 2007
First I had to laugh. Then I had to cry.
I took part in commencement this year at Rensselaer Polytechnic Institute,
one of America's great science and engineering schools, so I had a front-row
seat as the first grads to receive their diplomas came on stage, all of
them Ph.D. students. One by one the announcer read their names and each was
handed their doctorate - in biotechnology, computing, physics and
engineering - by the school's president, Shirley Ann Jackson.
The reason I had to laugh was because it seemed like every one of the newly
minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
the entire class of doctoral students in physics were going to be Chinese,
until "Paul Shane Morrow" saved the day. It was such a caricature of what
President Jackson herself calls "the quiet crisis" in high-end science
education in this country that you could only laugh.
Don't get me wrong. I'm proud that our country continues to build
universities and a culture of learning that attract the world's best minds.
My complaint - why I also wanted to cry - was that there wasn't someone from
the Immigration and Naturalization Service standing next to President
Jackson stapling green cards to the diplomas of each of these foreign-born
Ph.D.'s. I want them all to stay, become Americans and do their research and
innovation here. If we can't educate enough of our own kids to compete at
this level, we'd better make sure we can import someone else's, otherwise we
will not maintain our standard of living.
It is pure idiocy that Congress will not open our borders - as wide as
possible - to attract and keep the world's first-round intellectual draft
choices in an age when everyone increasingly has the same innovation tools
and the key differentiator is human talent. I'm serious. I think any foreign
student who gets a Ph.D. in our country - in any subject - should be
offered citizenship. I want them. The idea
that we actually make it difficult for them to stay is crazy.
Compete America, a coalition of technology companies, is pleading with
Congress to boost both the number of H-1B visas available to companies
that want to bring in skilled foreign workers and the number of employment-
based green cards given to high-tech foreign workers who want to stay here.
Give them all they want! Not only do our companies need them now, because we
're not training enough engineers, but they will, over time, start many more
companies and create many more good jobs than they would possibly displace.
Silicon Valley is living proof of that - and where innovation happens
matters. It's still where the best jobs will be located.
Folks, we can't keep being stupid about these things. You can't have a world
where foreign-born students dominate your science graduate schools,
research labs, journal publications and can now more easily than ever go
back to their home countries to start companies - without it eventually
impacting our standard of living - especially when we're also slipping
behind in high-speed Internet penetration per capita. America has fallen
from fourth in the world in 2001 to 15th today.
My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
Democracy Forum. They are trying to make this an issue in the presidential
campaign by creating a movement to demand that candidates focus on our
digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
Connected."
Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
all the oxygen in this country - oxygen needed to discuss seriously
education, health care, climate change and competitiveness, notes Garrett
Graff, an editor at Washingtonian Magazine and author of the upcoming book "
The First Campaign," which deals with this theme. So right now, it's mostly
governors talking about these issues, noted Mr. Graff, but there is only so
much they can do without Washington being focused and leading.
Which is why we've got to bring our occupation of Iraq to an end in the
quickest, least bad way possible - otherwise we are going to lose Iraq and
America. It's coming down to that choice.
http://topics.nytimes.com/top/opinion/editorialsandoped/oped/columnists
/thomaslfriedman/index.html?inline=nyt-per
By THOMAS L. FRIEDMAN
Published: May 23, 2007
First I had to laugh. Then I had to cry.
I took part in commencement this year at Rensselaer Polytechnic Institute,
one of America's great science and engineering schools, so I had a front-row
seat as the first grads to receive their diplomas came on stage, all of
them Ph.D. students. One by one the announcer read their names and each was
handed their doctorate - in biotechnology, computing, physics and
engineering - by the school's president, Shirley Ann Jackson.
The reason I had to laugh was because it seemed like every one of the newly
minted Ph.D.'s at Rensselaer was foreign born. For a moment, as the foreign
names kept coming - "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" - I thought that
the entire class of doctoral students in physics were going to be Chinese,
until "Paul Shane Morrow" saved the day. It was such a caricature of what
President Jackson herself calls "the quiet crisis" in high-end science
education in this country that you could only laugh.
Don't get me wrong. I'm proud that our country continues to build
universities and a culture of learning that attract the world's best minds.
My complaint - why I also wanted to cry - was that there wasn't someone from
the Immigration and Naturalization Service standing next to President
Jackson stapling green cards to the diplomas of each of these foreign-born
Ph.D.'s. I want them all to stay, become Americans and do their research and
innovation here. If we can't educate enough of our own kids to compete at
this level, we'd better make sure we can import someone else's, otherwise we
will not maintain our standard of living.
It is pure idiocy that Congress will not open our borders - as wide as
possible - to attract and keep the world's first-round intellectual draft
choices in an age when everyone increasingly has the same innovation tools
and the key differentiator is human talent. I'm serious. I think any foreign
student who gets a Ph.D. in our country - in any subject - should be
offered citizenship. I want them. The idea
that we actually make it difficult for them to stay is crazy.
Compete America, a coalition of technology companies, is pleading with
Congress to boost both the number of H-1B visas available to companies
that want to bring in skilled foreign workers and the number of employment-
based green cards given to high-tech foreign workers who want to stay here.
Give them all they want! Not only do our companies need them now, because we
're not training enough engineers, but they will, over time, start many more
companies and create many more good jobs than they would possibly displace.
Silicon Valley is living proof of that - and where innovation happens
matters. It's still where the best jobs will be located.
Folks, we can't keep being stupid about these things. You can't have a world
where foreign-born students dominate your science graduate schools,
research labs, journal publications and can now more easily than ever go
back to their home countries to start companies - without it eventually
impacting our standard of living - especially when we're also slipping
behind in high-speed Internet penetration per capita. America has fallen
from fourth in the world in 2001 to 15th today.
My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal
Democracy Forum. They are trying to make this an issue in the presidential
campaign by creating a movement to demand that candidates focus on our
digital deficits and divides. (See: http://www.techpresident.com <http://www.techpresident.com>.) Mr. Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child
Connected."
Here's the sad truth: 9/11, and the failing Iraq war, have sucked up almost
all the oxygen in this country - oxygen needed to discuss seriously
education, health care, climate change and competitiveness, notes Garrett
Graff, an editor at Washingtonian Magazine and author of the upcoming book "
The First Campaign," which deals with this theme. So right now, it's mostly
governors talking about these issues, noted Mr. Graff, but there is only so
much they can do without Washington being focused and leading.
Which is why we've got to bring our occupation of Iraq to an end in the
quickest, least bad way possible - otherwise we are going to lose Iraq and
America. It's coming down to that choice.
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
gcbikari
11-18 10:06 AM
Response from GA Republican Senator Saxby Chambliss:
Dear Mr. xxx:
Thank you for contacting me regarding S. 729, the "Development, Relief, and Education for Alien Minors (DREAM) Act." It is good to hear from you.
S. 729 was introduced on March 26, 2009, and referred to the Senate Judiciary Committee. After meeting certain criteria, illegal aliens would be allowed to receive in-state tuition from the state in which they reside.
The legislative language establishes these requirements for an individual to qualify for the tuition benefit:
o must be under the age of 35,
o have entered the United States before the age of 16,
o resided in the United States for at least the last five years
o earned a high school diploma or GED in the United States
On September 21, 2010 I joined my Senate colleagues in defeating a procedural vote on the DREAM Act. I remain opposed to the bill as currently drafted and will continue to keep your thoughts in mind should this legislation come before the full Senate again.
If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.
Dear Mr. xxx:
Thank you for contacting me regarding S. 729, the "Development, Relief, and Education for Alien Minors (DREAM) Act." It is good to hear from you.
S. 729 was introduced on March 26, 2009, and referred to the Senate Judiciary Committee. After meeting certain criteria, illegal aliens would be allowed to receive in-state tuition from the state in which they reside.
The legislative language establishes these requirements for an individual to qualify for the tuition benefit:
o must be under the age of 35,
o have entered the United States before the age of 16,
o resided in the United States for at least the last five years
o earned a high school diploma or GED in the United States
On September 21, 2010 I joined my Senate colleagues in defeating a procedural vote on the DREAM Act. I remain opposed to the bill as currently drafted and will continue to keep your thoughts in mind should this legislation come before the full Senate again.
If you would like to receive timely email alerts regarding the latest congressional actions and my weekly e-newsletter, please sign up via my web site at: www.chambliss.senate.gov . Please let me know whenever I may be of assistance.
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