SGP
10-28 10:38 AM
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.
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.
gunshot wound to head. gunshot wound to the head
sangmami
08-15 09:10 PM
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
gunshot wound to head. gunshot wound to the head.
WeShallOvercome
09-11 01:03 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
gunshot wound to head. gunshot wound to the head.
sam0407
07-24 02:58 PM
As per my attorney, one year validity is recommended, but, I myself had only 10 months validity in my PP, she said it’s ok and we applied I-485..
BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..
BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..
more...
gunshot wound to head. gunshot wound to the head,
gc_check
01-06 10:15 AM
VISA BULLETIN JAN 2010
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
gunshot wound to head. gunshot wound to the head
fatjoe
09-05 10:16 AM
Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
more...
gunshot wound to head. gunshot wound to the head,
WeShallOvercome
08-27 06:32 PM
I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
gunshot wound to head. gunshot wound to the head.
OLDMONK
09-16 03:48 AM
To begin with, H4's or F1's, J1's, student or whoever from outside USA, all had equal opportunity. No one took anything from anyone here, they just like anyone else looked for jobs, posted resumes, got interviewed, qualified the interview and were offered a position/sponsor.
There will also be lot of those who are not H4's and have a H1B visa approved, are outside the US and would never make it here on their coveted H1B visas. I can guarantee you that.
And its not a matter of being chicken as you mention, its a matter of convenience. EAD allows you to work much more freely, and I am sure you know that.
Who knew that 485/EAD filing would become possible with retrogression we had in April.
And I would rather not comment on your "coveted/qualified professionals statement", as you seem to be assuming that people on H4 visas are not qualified professionals. (most spouses who are here for 6 or more years were professionals to begin with and a good percent of those went to school for Masters/Advanced studies or MBA and would qualify under SKIL category for Green Card's today, assuming SKIL Bill was to happen anytime)
Remember H1B filing expense is at 3-5k levels and in today's times automatically filters out non qualified candidates, any company would be insane to sponsor a candidate without proper screening, I agree there would be a miniscule %age of people who may have abused the system, please don't generalise.
....and I assure you that 65k (well actually 58k) numbers would always fall short.
There will also be lot of those who are not H4's and have a H1B visa approved, are outside the US and would never make it here on their coveted H1B visas. I can guarantee you that.
And its not a matter of being chicken as you mention, its a matter of convenience. EAD allows you to work much more freely, and I am sure you know that.
Who knew that 485/EAD filing would become possible with retrogression we had in April.
And I would rather not comment on your "coveted/qualified professionals statement", as you seem to be assuming that people on H4 visas are not qualified professionals. (most spouses who are here for 6 or more years were professionals to begin with and a good percent of those went to school for Masters/Advanced studies or MBA and would qualify under SKIL category for Green Card's today, assuming SKIL Bill was to happen anytime)
Remember H1B filing expense is at 3-5k levels and in today's times automatically filters out non qualified candidates, any company would be insane to sponsor a candidate without proper screening, I agree there would be a miniscule %age of people who may have abused the system, please don't generalise.
....and I assure you that 65k (well actually 58k) numbers would always fall short.
more...
gunshot wound to head. gunshot wound to the head.
va_labor2002
09-25 12:36 PM
Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !
I think it is better to contact him.
Guys...Any comments ?
I think it is better to contact him.
Guys...Any comments ?
gunshot wound to head. Gunshot Wound Head
kriskris
07-20 02:13 PM
Do you think we can apply a duplicate 485 when the actual 485 packet is already sent. Even in this case how do you send the sealed medical reports since you have already sent them.
I am in the same boat as you are. please let me know.
I am in the same boat as you are. please let me know.
more...
gunshot wound to head. The four fatal gunshot wounds
sieger007
05-27 02:07 AM
Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam
gunshot wound to head. from gunshot wound to head
acruix
06-19 12:58 PM
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
Please let me know.
Thanks in advance!
~Anil
more...
gunshot wound to head. from a gunshot wound.
kaarmaa
05-04 06:07 PM
Hi kaarmaa
Thanks for your response.
I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?
No.
I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.
I-140 can be used to reclaim the old priority date.
Please consult an attorney. I have knowledge limited to my case.
Thanks for your response.
I am guessing you had a 3 years extension after your 6 years and in your 7th year you transferred over just as a normal H1b would have done. Correct? So in this case, what is the significance of I-140 since your new emplyer will have to apply for PERM and LC again in any case?
No.
I'm in my 7th and my H1B is expiring this June. My new employer filed for a three year extension using my approved 140 copy.
I-140 can be used to reclaim the old priority date.
Please consult an attorney. I have knowledge limited to my case.
gunshot wound to head. gunshot wound to head. Gunshot Wound Crime Scene
jonty_11
07-05 03:39 PM
I dont think WE are bred to be competitive as u said....
if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.
I would call it unhealthy competition
if that is the case we would left the whole world behind in growth and prospoerity and would not have to seek immigration to US.
I would call it unhealthy competition
more...
gunshot wound to head. GUNSHOT WOUND TO HEAD
coolpal
02-03 03:54 PM
I really hate to feed the troll...
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
gunshot wound to head. gunshot wound to the head.
elaiyam
05-15 11:01 AM
Here is my $100
Paypal Receipt ID: 8D5173328S121125D
Come on everyone... donate a small percentage of your stimulus package.
Paypal Receipt ID: 8D5173328S121125D
Come on everyone... donate a small percentage of your stimulus package.
more...
gunshot wound to head. gunshot wound to the head
askreddy
12-11 11:57 PM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
gunshot wound to head. The gunshot wound to the head
mikemeyers
11-09 12:20 PM
anyone else has any opinion..plz share it...
gunshot wound to head. gunshot wound to head. Cause of Death: Gunshot wound
priderock
06-15 12:49 PM
How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)
Libra
09-15 10:19 PM
Jamie, u da man.......many dont even care, they want everything to be done by itself. If that is the case they never have come to this country. why dont they understand?
waitnwatch
07-06 11:02 AM
I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?
Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.
Any help please.............
Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.
Any help please.............
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