WeShallOvercome
01-10 06:43 PM
Gurus,
I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.
I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.
I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...
Some of the offers that I have can wait for a few more weeks...
What do you guys think I should do in this case..
Mainly worried about these aspects:
1. Non-compete agreements
2. Bond signed at the time of agreement
3. Leaving employer soon after getting my GC.
Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...
Thanks
I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.
I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.
I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...
Some of the offers that I have can wait for a few more weeks...
What do you guys think I should do in this case..
Mainly worried about these aspects:
1. Non-compete agreements
2. Bond signed at the time of agreement
3. Leaving employer soon after getting my GC.
Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...
Thanks
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tipsvizag
05-15 06:57 PM
:)
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
pappu
08-24 01:32 PM
Me, Masters In EE, Working in Medical Instrumentation at University.
Papers: 1st author 3, other 7
Conference/Posters: 1st author 3, other 13
Recommendation letters: 7
Just by having papers or reco letters is not good enough for NIW. Infact NIW is made tougher in recent times. Proving that work is in national interest in the most difficult part and cases are rejected due to this reason. If you are from India NIW would only save you couple of months of PERM work. EB2 is retrogressed. NIW was useful when labor certifications used to take sevaral years. If you are from india and you think you are really extraordinary and exceptional in your field, then go EB1. It is current now.if you have to apply in EB2 only then use the perm process. It is fast now.
Papers: 1st author 3, other 7
Conference/Posters: 1st author 3, other 13
Recommendation letters: 7
Just by having papers or reco letters is not good enough for NIW. Infact NIW is made tougher in recent times. Proving that work is in national interest in the most difficult part and cases are rejected due to this reason. If you are from India NIW would only save you couple of months of PERM work. EB2 is retrogressed. NIW was useful when labor certifications used to take sevaral years. If you are from india and you think you are really extraordinary and exceptional in your field, then go EB1. It is current now.if you have to apply in EB2 only then use the perm process. It is fast now.
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nonimmi
06-25 03:44 PM
does this mean EB quota exhausted???
see this thread... http://immigrationvoice.org/forum/showthread.php?t=5512
Please STOP spreading rumors.
see this thread... http://immigrationvoice.org/forum/showthread.php?t=5512
Please STOP spreading rumors.
more...
sundarpn
07-24 05:44 PM
oh, so once can switch back to H1b within 12 months and NOT be subject to the CAP?
lincoln
01-20 03:32 AM
Divak, Please see this link:
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf
If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf
If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.
more...
ddelgado
04-25 12:48 PM
I am from Memphis too
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stonecold54us
08-24 11:17 AM
Looks like your application which was sent on Jul -2nd now carries a received date of July 30 (as they got to the app around that day). Please provide some more details about your case
PD =
I=140 approval Service Center =
I-485 app mailed to Service center =
Cheques Cashed Date =
Thanks
PD =
I=140 approval Service Center =
I-485 app mailed to Service center =
Cheques Cashed Date =
Thanks
more...
amjun
02-10 09:36 AM
No need to pay taxes to India. I was grad student for 6 years and never paid a rupee to Indian tax authorities. Whoever got a letter from Indian IT for taxes on US income needs to see an Indian tax consultant.
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edaltsis
06-07 01:51 PM
It's up to the employer if he wants to keep you as an employee and has the right to cancel your H1 if he likes to do so. Just because you left the country doesnt mean that your H1 becomes invalid, but again its up to the employer.
more...
fall2004us
11-20 12:55 PM
This is actually pretty old and been there in TED...proud about Pranav,
he will probably qualify as EB-1 and get his GC in no time...these people come and go, we have to fight for our own cause(EB 2 & 3),
These things will no way benefit IV and its EB-2/3 community..
he will probably qualify as EB-1 and get his GC in no time...these people come and go, we have to fight for our own cause(EB 2 & 3),
These things will no way benefit IV and its EB-2/3 community..
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ashugumgol
11-30 11:08 PM
My AP was approved Nov 16. Email from USCIS said approval notice sent. I had to travel Dec 4th. When my lawyer contacted USCIS on Nov 25th, USCIS said they were in the process of printing the form. My lawyer suggested trying for the emergency AP. The Baltimore office says walk-ins not allowed. My travel was postponed for other reasons. Double check that USCIS actually mailed the notices to you.
more...
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GeetaRam
07-30 09:02 AM
I think even if employer revokes or cancels and if you have approval copy of I-140 you can port the date. Please consult some good immigration attorney.
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fcres
01-15 01:41 PM
Is it possible to use spouse's PD ?
Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
more...
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delhiguy
06-30 01:31 PM
no one?
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garybanz
12-26 05:26 PM
Hi,
My company prepared for my PERM filing in EB2 category. They did all recruitement efforts. But at the time of filing, company annouced some lay-offs as "restructuring". Now my lawyer says, it is their policy not to file for PERM before six months of any lay -offs since some lay -offs involve same job title as my labor supposed to be filed. Since this is my lawyer's policy, My question is, is it safe to file PERM right now? What if I use different job title then the one my lawyer used before for recruitement efforts. (I understand he has to do new recruitement efforts for this ne job title, but is it safe?). What choices do I have, I do not want to delay my PERM filing. Please help...
Thanks
Most companies don't file any PERM applications within 6 months of any major layoffs.
My company prepared for my PERM filing in EB2 category. They did all recruitement efforts. But at the time of filing, company annouced some lay-offs as "restructuring". Now my lawyer says, it is their policy not to file for PERM before six months of any lay -offs since some lay -offs involve same job title as my labor supposed to be filed. Since this is my lawyer's policy, My question is, is it safe to file PERM right now? What if I use different job title then the one my lawyer used before for recruitement efforts. (I understand he has to do new recruitement efforts for this ne job title, but is it safe?). What choices do I have, I do not want to delay my PERM filing. Please help...
Thanks
Most companies don't file any PERM applications within 6 months of any major layoffs.
more...
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gcisadawg
02-25 04:53 PM
No transit visa needed if you are using AP.
If you are using H1B and you dont have a valid stamp on your passport, then you need to verify.
If you are using H1B and you dont have a valid stamp on your passport, then you need to verify.
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tillu
04-03 12:12 AM
I was also scared to call and thinking too much .... how i will prove this and that.
Call nearest DOL office from a public phone and with a fake identity...........
tell them your friend is in trouble and explain the situation to them....they will guide you
http://www.dol.gov/esa/whd/america2.htm
I have talked to them and they need only the name of Company and the name of victim .....rest they will do themselves.
I understand you might not have all the documents/proofs............dont worry.........DOL knows it is a common phenomenon with such consulting company.
Try it and let us know.
Good Luck
Call nearest DOL office from a public phone and with a fake identity...........
tell them your friend is in trouble and explain the situation to them....they will guide you
http://www.dol.gov/esa/whd/america2.htm
I have talked to them and they need only the name of Company and the name of victim .....rest they will do themselves.
I understand you might not have all the documents/proofs............dont worry.........DOL knows it is a common phenomenon with such consulting company.
Try it and let us know.
Good Luck
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morchu
05-07 09:15 PM
You can file 485 only from within USA. So I believe you will be back to USA before filing 485.
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
aspiration
06-24 09:19 PM
Thanks for your words Green Tech. Lets hope and wish that all our effort fructifies into something that of landmark proportion...:)
simbasimba
01-09 02:10 AM
Thank you, another question in relation to eb2 progressive experience. Can vacation days be counted or included in the 5 years of experience? Or does it have to be a total of 5 years of work days, and, vacation excluded? Many thanks
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