Tuesday, June 7, 2011

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  • sdrblr
    10-28 11:11 AM
    Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
    Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.





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  • amsgc
    02-23 09:22 AM
    Vroapp,
    Thanks for sharing your thoughts!





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  • fairyangel
    02-03 01:39 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou





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  • falarcari
    04-05 09:31 AM
    Хеллоу all!
    Посмотрите на сайт:

    Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)

    Когда последний раз вы сами их подписывали? А вот если к нему будет прилагаться милая открытка со словами, которые будут идти от вашего сердца, то ваше поздравление уж точно запомнится надолго и будет действительно индивидуальным. Тебе, его просто выпихивают из гнезда, полетит - не полетит, разобьется - не разобьется. поздравительные открытки из бумаги (http://omegaewaldjk.narod2.ru/part5/pozdravitelnie-otkritki-iz-bumagi.html)

    Рассмотрим несколько критериев, которым должна соответствовать типография. Пусть в этот чудный праздник, Пусть в эту волшебную ночь Под звон фужеров хрустальных Уйдут все невзгоды прочь. Виртуальные открытки электронные открытки влюбленных или годовщину совместной канцелярские товары, керамические горшки все виды печатных работ. mms открытки с днем рождения (http://jodiwet99bc.narod2.ru/part5/mms-otkritki-s-dnem-rozhdeniya.html)


    Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
    _______
    Спасибо



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  • LONGGCQUE
    05-12 04:22 PM
    correct





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  • kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).



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  • sac-r-ten
    03-03 10:28 AM
    Congratulations and thanks for sharing.





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  • coolblues
    08-14 08:01 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance



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  • pady
    08-28 11:45 AM
    Hi, I got the Email response for my SR as follows. Not sure if this is a Standard Responde. throw your inputs.

    ==================================

    The status of this service request is:

    Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.





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  • GC_LOOKIN
    09-12 12:56 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.

    this sounds encouraging:) hopefully we will get receipts soon



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  • nashim
    07-16 04:06 PM
    1) Yes
    2) Yes
    3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD





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  • arnet
    11-22 04:55 PM
    better check with your immigration attroney for your situation.

    It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

    regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

    If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).

    also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

    some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

    good luck.

    Hi

    I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.

    I am planing to Go to India some time next summer.

    But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
    H-4 stamping for my family.

    Do I need to carry any extra documents apart from those needed for H-1 B stamping?

    DO I need to Get Advance parole before going to mexico for H-1B stamping?

    Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?

    Your experienced advise will help me a lot.



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  • ksrk
    10-01 04:39 PM
    How did you guys find out your Name Check Status. Do we have to call USCIS to check for this or is there any other way to confirm this.

    thanks,

    I took an InfoPass appt. at the local USCIS Office and the IO there was quite willing to share information. He told me my FP returned with "no record" and my NC (same as BC) came out clean and was nice enough to confirm the same thing for my wife (even though she wasn't at the InfoPass appt. herself).

    InfoPass appts are generally a crap shoot - if you are lucky you will get quite a bit of info, else the cold shoulder treatment.

    But for sure, calling the USCIS office won't give you any info reg. the status of these checks.

    Hope this helps.





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  • Green.Tech
    09-17 11:45 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!

    pointlesswait,

    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.



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  • viswanadh73
    01-03 03:03 PM
    some where i read that USCIS follow FIFO for 485 under normal conditions. so if that is the case irrespective of PD who ever applies 485 first whose application will be processed first right? i am not sure on this that's why i asked this question.





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  • gsthantry
    12-31 05:17 PM
    +1 from Dallas



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  • pd_recapturing
    06-20 05:35 PM
    I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?





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  • sweet_jungle
    01-10 04:39 AM
    I am interested in exploring the AC-21 option.
    My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.

    Any recommendation for AC-21 attorneys?

    Can an attorney force me to file AC-21 even if i dont want to?





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  • looneytunezez
    07-31 06:47 PM
    i see dead applications.....





    nixstor
    11-01 03:43 PM
    My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?

    Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

    Can you request your brother to sign up on IV after his work at his facility? Every member counts!





    bbenhill
    03-05 06:30 PM
    btw her location will be @ Portland, Oregon.

    Regards


    Hi,

    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..

    Regards.



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