gcbikari
04-24 10:55 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
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doshhar
07-04 06:19 PM
I have e-mailed the senators in Illinois.
Let's do following to keep this topic alive..
1) Please e-mail senators to your respective states. You can find the e-mail format from http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=1474093861&m=8821024251
2) We should have a rally to local USCIS offices.
3) We should inform Media well in advance about rally so we can get enough coverage.
4) We should contact Chinese groups for joining us in our mission.
This is not a single person mission. We should get to gather at this CRITICAL time.
Please don't let this fire go away.
Let's do following to keep this topic alive..
1) Please e-mail senators to your respective states. You can find the e-mail format from http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=1474093861&m=8821024251
2) We should have a rally to local USCIS offices.
3) We should inform Media well in advance about rally so we can get enough coverage.
4) We should contact Chinese groups for joining us in our mission.
This is not a single person mission. We should get to gather at this CRITICAL time.
Please don't let this fire go away.
myvoice23
09-25 01:36 PM
my attorney recieved receipts today...filed on July 3rd at nebraska center.
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simple1
05-02 02:25 PM
Your original question did not refer to EB1.
non-retrogressed countries with any eb(1,2,3) dependents:
====================================
I did answer your question about non-retrogressed countries earlier. there will not be a lot of diffrence for them. example: germany ebdependent (1,2,3) moving from ebquota to germany fb2a. both are current now.
retrogressed (india, china etc) countries with eb (2,3) dependents:
==========================================
I have answered this in another post. The impact will be minimul. I expect them to wait 7 years in place of 6 years now. again the primary can become citizen quickly and move them from FB2A -> FB1. That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
retrogressed (india, china etc) countries with eb1 dependents:
==========================================
yes, there will be a longer wait (they will not get current special treatment. they will be sharing FB2A-country-specific-quota with eb2-samecountry dependents, eb3-samecountry dependents, and other fb2a new and existing, etc) . That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
Dont you think that is were they rightfully belong ?
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
non-retrogressed countries with any eb(1,2,3) dependents:
====================================
I did answer your question about non-retrogressed countries earlier. there will not be a lot of diffrence for them. example: germany ebdependent (1,2,3) moving from ebquota to germany fb2a. both are current now.
retrogressed (india, china etc) countries with eb (2,3) dependents:
==========================================
I have answered this in another post. The impact will be minimul. I expect them to wait 7 years in place of 6 years now. again the primary can become citizen quickly and move them from FB2A -> FB1. That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
retrogressed (india, china etc) countries with eb1 dependents:
==========================================
yes, there will be a longer wait (they will not get current special treatment. they will be sharing FB2A-country-specific-quota with eb2-samecountry dependents, eb3-samecountry dependents, and other fb2a new and existing, etc) . That doesnt mean they are affected, wont they have no strings attached EAD/AP ?
Dont you think that is were they rightfully belong ?
Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?
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jtravers
11-21 11:47 PM
Hi Mehul,
We are praying for you. Do not loose hope. God has taken you this far and nothing is impossible for HIM.
I have known quite a few people who have been cancer survivors, some have gone through treatment and in some cases without treatment, it just went away. Like I said, don't loose hope. Try out the options that a lot of the folks have suggested on this forum and continue praying.
We are praying for you. Do not loose hope. God has taken you this far and nothing is impossible for HIM.
I have known quite a few people who have been cancer survivors, some have gone through treatment and in some cases without treatment, it just went away. Like I said, don't loose hope. Try out the options that a lot of the folks have suggested on this forum and continue praying.
sammyb
11-21 10:42 AM
Dear Mehul,
I was spellbound after seeing this thread and going thru it ... It is something beyond anyone's imagination ... as I saw on Ramdev's program and on Astha channel (www.aasthatv.com), Yoga and Pranayama has cured some of the most incurable diseases... I would request you to try Pranayama ... I have the Ramdev�s Pranayama DVD with me ... pass me your address in PM and I will mail it to you...
I have nothing else to say ... It is indeed a sad news ... I pray to almighty to give you courage and have faith on your believes...
Sammy
I was spellbound after seeing this thread and going thru it ... It is something beyond anyone's imagination ... as I saw on Ramdev's program and on Astha channel (www.aasthatv.com), Yoga and Pranayama has cured some of the most incurable diseases... I would request you to try Pranayama ... I have the Ramdev�s Pranayama DVD with me ... pass me your address in PM and I will mail it to you...
I have nothing else to say ... It is indeed a sad news ... I pray to almighty to give you courage and have faith on your believes...
Sammy
more...
GCNaseeb
08-29 01:03 PM
If receipting update as of 8/24 is correct, they should be doing late July now.
Wondering why there are not any updates on this thread. :confused:
Wondering why there are not any updates on this thread. :confused:
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shivaz90
07-05 12:50 PM
Guys
this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.
cmon, arise,awake.
Well ...if some of our members were not cheap enough, I wouldn't mind asking each of them to send individual flowers through FTD for $30.00. Given the situation where we have to badger each of our members to squeeze out $20.00 for IV contributions - cheap sense makes sense!
I've seen people spend $20 on Sivaji - The BOSS - than on spending money for some worhtwhile cause.
Cheap is the name of the game.
this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.
cmon, arise,awake.
Well ...if some of our members were not cheap enough, I wouldn't mind asking each of them to send individual flowers through FTD for $30.00. Given the situation where we have to badger each of our members to squeeze out $20.00 for IV contributions - cheap sense makes sense!
I've seen people spend $20 on Sivaji - The BOSS - than on spending money for some worhtwhile cause.
Cheap is the name of the game.
more...
supreet
07-10 01:26 PM
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
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mattresscoil
11-18 08:23 PM
Hello group:
Got this response from Ander Crenshaw - Member of Congress
What does this mean? is he going to support or not? should I follow-up and ask anything else?
=================
Thank you for contacting me to express your concerns about immigration policy. I appreciate your taking the time to share your thoughts with me on this matter.
The basic law governing immigration and naturalization is contained in the Immigration and Nationality Act (INA) of 1952. The INA establishes a flexible level of permanent admissions. The Act provides for a permanent worldwide level of 675,000 immigrants each year. The worldwide level is flexible in that it may be exceeded in certain circumstances. The permanent immigrant level consists of the following components: (a) family-sponsored immigrants, including immediate relatives of U.S. citizens and family-sponsored preference immigrants; (b) employment-based preference immigrants; and (c) diversity immigrants, those immigrants with low admission levels who must have a high school education or its equivalent or a minimum of two years work experience in a profession requiring two years of training or experience. Additionally, the INA establishes per-country levels that are applicable to family-sponsored and employment-based preference immigrants only. The per-country level is not a "quota" set aside for individual countries. According to the State Department, the per-country level is not an entitlement but, rather, a barrier against monopolization of the immigration by one country in any given year.
Legal immigration has had a positive impact on the United States and our economy. Most immigrants come to this country with a support system already in place (e.g., family-sponsored and employment-based immigrants). The majority of the other legal immigrants are permitted to remain in this country for humanitarian reasons. Studies have also shown that within several short years, most immigrants are net producers, rather than net consumers, in our economy. While there is certainly a legitimate debate regarding the appropriate level of immigration, most would agree that an immigration policy which promotes family unity and requires a certain degree of self-support is generally acceptable.
However, there is a significant difference between legal and illegal immigration. Since my election to Congress in 2000, I have worked with my colleagues to ensure that our border is more secure and that we do not encourage people to come into our country illegally. Illegal aliens place a tremendous financial and social burden on our society, and we must work to stop this unfair practice.
The best way to get illegal immigration under control is to secure our borders. Our porous borders have allowed more than ten million people to cross into our country with no oversight, no accountability, and no record. We simply have no idea who they are, where they came from, and most importantly - why they entered our country illegally. I believe we must increase the size of the Border Patrol to 18,000 agents, we must actively construct a double barrier wall and utilize technological innovations, such as unmanned aerial vehicles, to conduct surveillance operations along the remaining border.
Once we have secured our borders, we must turn our attention to the more than 12 million illegal immigrants already residing here. There are varying proposals currently being debated here in Washington as to what is the most economically feasible approach to addressing this situation. I do not support amnesty for those individuals who have broken our laws and will work to deport those individuals who have become a financial and social burden on our society. I believe that we must establish an Employer Verification System that is easy to use and provides timely feedback to employers. Any employer that continues to knowingly employ illegal aliens should be assessed heavy fines and penalties.
I look forward to debating this issue during the year to come and assure you that I will continue to support revisions to our current immigration policy that provide meaningful reform and offer maximum protection for our borders. Additionally, I will oppose any attempts to provide amnesty to the more than 12 million illegal immigrants currently living in this country.
Again, I want to thank you for taking the time to contact me. Please feel free to contact me if I can be of any further assistance on this matter or if you would like additional information on this topic or other issues facing Congress, please visit my Web site at United States Congressman Ander Crenshaw - Florida's 4th District (http://crenshaw.house.gov).
Sincerely,
Ander Crenshaw
Member of Congress
==================
Got this response from Ander Crenshaw - Member of Congress
What does this mean? is he going to support or not? should I follow-up and ask anything else?
=================
Thank you for contacting me to express your concerns about immigration policy. I appreciate your taking the time to share your thoughts with me on this matter.
The basic law governing immigration and naturalization is contained in the Immigration and Nationality Act (INA) of 1952. The INA establishes a flexible level of permanent admissions. The Act provides for a permanent worldwide level of 675,000 immigrants each year. The worldwide level is flexible in that it may be exceeded in certain circumstances. The permanent immigrant level consists of the following components: (a) family-sponsored immigrants, including immediate relatives of U.S. citizens and family-sponsored preference immigrants; (b) employment-based preference immigrants; and (c) diversity immigrants, those immigrants with low admission levels who must have a high school education or its equivalent or a minimum of two years work experience in a profession requiring two years of training or experience. Additionally, the INA establishes per-country levels that are applicable to family-sponsored and employment-based preference immigrants only. The per-country level is not a "quota" set aside for individual countries. According to the State Department, the per-country level is not an entitlement but, rather, a barrier against monopolization of the immigration by one country in any given year.
Legal immigration has had a positive impact on the United States and our economy. Most immigrants come to this country with a support system already in place (e.g., family-sponsored and employment-based immigrants). The majority of the other legal immigrants are permitted to remain in this country for humanitarian reasons. Studies have also shown that within several short years, most immigrants are net producers, rather than net consumers, in our economy. While there is certainly a legitimate debate regarding the appropriate level of immigration, most would agree that an immigration policy which promotes family unity and requires a certain degree of self-support is generally acceptable.
However, there is a significant difference between legal and illegal immigration. Since my election to Congress in 2000, I have worked with my colleagues to ensure that our border is more secure and that we do not encourage people to come into our country illegally. Illegal aliens place a tremendous financial and social burden on our society, and we must work to stop this unfair practice.
The best way to get illegal immigration under control is to secure our borders. Our porous borders have allowed more than ten million people to cross into our country with no oversight, no accountability, and no record. We simply have no idea who they are, where they came from, and most importantly - why they entered our country illegally. I believe we must increase the size of the Border Patrol to 18,000 agents, we must actively construct a double barrier wall and utilize technological innovations, such as unmanned aerial vehicles, to conduct surveillance operations along the remaining border.
Once we have secured our borders, we must turn our attention to the more than 12 million illegal immigrants already residing here. There are varying proposals currently being debated here in Washington as to what is the most economically feasible approach to addressing this situation. I do not support amnesty for those individuals who have broken our laws and will work to deport those individuals who have become a financial and social burden on our society. I believe that we must establish an Employer Verification System that is easy to use and provides timely feedback to employers. Any employer that continues to knowingly employ illegal aliens should be assessed heavy fines and penalties.
I look forward to debating this issue during the year to come and assure you that I will continue to support revisions to our current immigration policy that provide meaningful reform and offer maximum protection for our borders. Additionally, I will oppose any attempts to provide amnesty to the more than 12 million illegal immigrants currently living in this country.
Again, I want to thank you for taking the time to contact me. Please feel free to contact me if I can be of any further assistance on this matter or if you would like additional information on this topic or other issues facing Congress, please visit my Web site at United States Congressman Ander Crenshaw - Florida's 4th District (http://crenshaw.house.gov).
Sincerely,
Ander Crenshaw
Member of Congress
==================
more...
badluck
07-02 08:36 AM
Fedex sent June 30
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buddyinsd
08-26 01:47 PM
Whats ur PD? U r not current in Aug right?
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
No. It is a good company and are very careful with things. I have never been in consulting. One good thing they did unlike other companies is they anticipated career growth and filed GC for a higher position and I could gladly accept promotion in my career.
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gc_bulgaria
09-20 10:15 AM
Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).
EB2 ROW (Cross Charge)
PD: 1/11/07
I 140 Approved (Texas): 8/22/07
AOS sent (Nebraska) : 7/26/07
Receipt /Notice (SRC): 9/17/07
EB2 ROW (Cross Charge)
PD: 1/11/07
I 140 Approved (Texas): 8/22/07
AOS sent (Nebraska) : 7/26/07
Receipt /Notice (SRC): 9/17/07
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sam2006
07-19 09:47 PM
good goin guys
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
lets shoot for 10-20 pledges tomorow
Comon show that we care for the Core team
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snathan
02-09 09:24 PM
Any one else....today?
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Jimi_Hendrix
10-27 02:00 PM
is going to be very short. Therefore we should not have high hopes of getting things through in this session. This is a long fight so keep persevering and keep up the hopes.
On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.
On a separate note, there is no point in engaging in any conversation with these gentlemen who continue to post nonsensical statements. I have reported them to the moderator.
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ksurjan
08-11 10:07 AM
Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.
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mqualique
05-01 02:14 PM
Applying EB PD but using Visa number from FB Quota would be a awesome. Not sure what complications this may cause on the FB side. This seems like a visa-leak (like memory leak) scenario from FB. This will put GC Holders dependents at a disadvantaged position as compared to us who don't have GC yet because EB PD will always be ahead to FB PD due to 'Visa-Leak'.
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jonty_11
07-28 12:07 PM
It is great to see human nature at work. Once united and making phone calls for the 3 lofgren Bills...the same folks are mulling it out over EB2, EB3 and how most of the folks dont even deserve to be either....Interesting fodder for Anti Immi folks.....
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
TomPlate
11-30 09:24 PM
Dear Friend,
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
harpomarx
09-09 11:22 PM
All 9 of my checks for myself, wife, kid were cashed on Friday.
Filed at Nebraska SC July 6th (sent July 5th).
EB3 RoW
PD Oct 2003.
Filed at Nebraska SC July 6th (sent July 5th).
EB3 RoW
PD Oct 2003.
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