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.
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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svam77
10-30 08:41 AM
My wife's finger printing fee was rejected last month, even though we submitted the right fee.
We still submitted the fee again. In the mean while, we got our finger printing notices.
Do u know when we would get our EADs ? Is anyone in a similar situation ?
Thanks
We still submitted the fee again. In the mean while, we got our finger printing notices.
Do u know when we would get our EADs ? Is anyone in a similar situation ?
Thanks
dkupadhyay
11-23 12:59 PM
Hi,
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
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eilsoe
10-02 03:34 PM
hey, how do i add to the wallpaper section? I just got redirected to the forum... :-\
Oh, and btw, got a new pic here: www.avalon-rev.dk/soldat.jpg
Not as advanced as the previous, but still nice.. :)
i make rain now... HA!
Oh, and btw, got a new pic here: www.avalon-rev.dk/soldat.jpg
Not as advanced as the previous, but still nice.. :)
i make rain now... HA!
more...
sangmami
08-16 10:56 AM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
Thanks.
gc_kaavaali
03-12 03:40 PM
First off all on what basis you can say there are no jobs for H1B's.
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
more...
vxg
03-25 02:43 PM
If you work for a consulting firm requiring you to work for clients at various locations your labor application should have stated as various locations within US instead of one location. Since your labor was filed in 2002 i assume it was using old labor process (State labor than Regional thru BEC), the rules for that labor filing state that Company should file the state labor in the state where it is headquartered if employee is supposed to working at various locations. My labor was filed that way and application stated location as various within US. If you had that than it should not be an issue.
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
2010 Foreverquot; tattooed across
arnet
11-22 06:31 PM
hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.
Arnet
Arnet
more...
Jaime
09-12 04:41 PM
Next is Baasha :D:D
And your profile says you are not coming to rally, why so?
Hey Nave! Come to the rally! We don't want "nave" to join "ranga", "billa", "pablo" and "echo" in the Reverse Brain Drain! Join us! You can still make it! We can help you with travel funds if needed!!
And your profile says you are not coming to rally, why so?
Hey Nave! Come to the rally! We don't want "nave" to join "ranga", "billa", "pablo" and "echo" in the Reverse Brain Drain! Join us! You can still make it! We can help you with travel funds if needed!!
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Hope_GC
07-17 10:57 PM
I am on the same boat.. My Wife is Expecting...Doctor filling I-693 form will file for exception.
and we need to take the shots after the pregnancy and feeding.
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
and we need to take the shots after the pregnancy and feeding.
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
more...
dc2007
08-04 06:57 PM
I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
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rajivkumarverma
10-16 07:16 PM
Whats the reason for the denial ?
My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied
I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates
My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied
I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates
more...
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MDix
07-30 08:57 AM
Your lawyer (and most of them including some famous on wwww) are DHAKKAN. They have no clue what's going on with VB. They just know how to fill some some form , that also they screw lot of time.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
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skothuru
06-21 12:11 PM
Thanks for your prompt reply.Is this the format you are talking about?
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father�s name) is his/her father and _____________ (mother�s name) is his/her mother.
______________________________
Signature of Deponent
AFFIDAVIT REGARDING BIRTH
I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:
I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father�s name) is his/her father and _____________ (mother�s name) is his/her mother.
______________________________
Signature of Deponent
more...
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desi3933
07-13 09:48 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
dresses #39;Winona Forever#39; tattooed
vroapp
02-23 08:56 AM
it would be mentioned on the VISA. not all sub-categories of J1 are subject to HRR. hence your friends' wasn't.
"By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine"
"By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine"
more...
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roseball
05-18 11:09 PM
3 deportations at POE (EWR) till date this yr .
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?
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gckalafda
03-20 11:46 AM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
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USDream2Dust
03-17 12:39 PM
As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()
Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.
Loans are getting harder to get day by day even with Good Credit.
Good Luck
USDream2Dust
sukhyani
11-08 05:51 PM
... from Texas :)
webm
05-05 04:34 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
I am in the same boat as yours...Waiting continues..
NOTE:Pls change the title...click on Edit/Go Advanced button and change it.
------------------
EB3-I Oct,2001
485 RD-June,2007
I am in the same boat as yours...Waiting continues..
NOTE:Pls change the title...click on Edit/Go Advanced button and change it.
------------------
EB3-I Oct,2001
485 RD-June,2007
