aquarianf
04-24 11:29 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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
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.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
wallpaper Ven pongal with coconut
lj_rr
09-13 03:40 PM
New thread created.All TSC Filers please post here.
http://immigrationvoice.org/forum/showthread.php?t=13344
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
http://immigrationvoice.org/forum/showthread.php?t=13344
Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.
sayonara
08-24 03:24 PM
being anguished about the situation of not getting receipts and even worse - not being able to track or check status...I emailed the attorney and asked if he could check for encashed checks or if their firm is getting july 2nd receipts...
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
2011 Happy Pongal!
iptel
05-24 07:22 PM
Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
more...
learning01
06-05 03:35 PM
Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.
WAC071795xxxx - June 1
WAC071805xxxx - June 2
WAC071815xxxx - June 4
......
LIN071735xxxx - June 1
LIN071745xxxx - June 4
......
ivar
02-03 12:55 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.
All the best.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.
All the best.
more...
desi3933
06-22 07:53 PM
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.
Just trying to bring the other side of the coin.
These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.
I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.
Good Luck to everyone and keep your hopes high.
This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
The so called Bond is actually "Employment Agreement" and it very well could be valid. Please check some cases in PA State for such Employment Cases and you may be surprised. This is not to suggest that every agreement is valid. Depends on the agreement wordings and the State Law.
Just trying to bring the other side of the coin.
These employers are doing wrong. They should help in filing I-485 for their employees. Greed has no end. Thanks God, I didn't work for such employer. I worked as hourly employee and still they paid for all GC expenses (including EAD for my spouse). My employer was non-desi and I don't know if that matters or not.
I think Negotiation is the key word here. If they know that you will leave now, they WILL try to cut a deal. All matters who is going to blink first.
Good Luck to everyone and keep your hopes high.
This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
2010 Festival called PONGAL
jelo
02-15 11:43 AM
Man... I have been following this thread and just $1800 over a week?
Come on..folks donate for the cause, nothing is free..10 or 15 is nothing for us..
Come on..folks donate for the cause, nothing is free..10 or 15 is nothing for us..
more...
vijjus
12-11 11:38 AM
While it is true that both husband and wife working is a desirable goal, I think we must also consider senthil1's comment above. I personally know desi consulting companies that have placed people on B1 visa, altered resumes to overstate experiences etc. If the rednecks have brought a bad name to the whites, desi consulting companies surely have given Indian immigrants (specially in the SW sector) a bad name. As part of our current effort to voice our issues, we must also look at where we might have gone wrong.
hair Surya Pongal (or Thai
reddymjm
06-12 07:49 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
more...
santb1975
02-10 04:50 PM
and good job on the funds raised so far. I will contribute 50$ when we reach 5K. This is in addition to my recurring monthly contribution
Thanks a lot AK_GC.
Grand Total - $1260
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Thanks a lot AK_GC.
Grand Total - $1260
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
hot Pongal thanks giving to sun
Openarms
05-02 02:42 PM
It seems to me that there is a discrimination going on with EB3 India. So far there are not many approvals why???? They are trying to suppress this EB3-India category why??? lot of approvals in EB2-India? why??? don't say they are less cases.
more...
house Vijay in Jos Alukkas Ad Pongal
wantgc23
09-09 08:27 PM
Fcuk!
Just when I thought about quitting Drinking... Oh Well... back to the booze...
:) understand the feelin
Just when I thought about quitting Drinking... Oh Well... back to the booze...
:) understand the feelin
tattoo Today#39;s meal is Sweet pongal,
rpulipati
09-27 12:20 PM
I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
more...
pictures Happy Pongal and Makkar
GCStatus
09-14 04:41 PM
LAST BUT NOT LEAST
Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]
You the MAN
Guys, If some one wants to discourage us or post anything other than words of caution or advise. Please refrain from doing that. We want people to stay positive and throw more positive energy to this thread.[/QUOTE]
You the MAN
dresses flower rangoli pongal make
vineet
02-09 04:16 PM
Unique Transaction ID #93T0361H607470F
more...
makeup Pongal Kolam Designs: Pongal
gova123
08-13 09:37 AM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
girlfriend Pongal
chintals
09-04 03:40 PM
Hello,
Here are my case details.
PD-09/04
I-140 -EB3 - TSC- Approved 08/06.
I-140-EB2 - Pending at TSC. RD 04/25/07 based on Perm to port 09/04 PD.
I-485/EAD/AP filed at NSC on 08/03/07. RD 08/06/07.
I guess longway to go for getting receipts.
Here are my case details.
PD-09/04
I-140 -EB3 - TSC- Approved 08/06.
I-140-EB2 - Pending at TSC. RD 04/25/07 based on Perm to port 09/04 PD.
I-485/EAD/AP filed at NSC on 08/03/07. RD 08/06/07.
I guess longway to go for getting receipts.
hairstyles Sweet Wishes On Pongal.
rbanerjee
06-22 11:49 AM
Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
newu77
08-17 04:52 PM
Has anyone, who filed on July 2nd at NSC, I-140 approved from TSC and have an updated LUD on I-140, got their receipts yet?
I am still waiting...NO checks cashed yet...
I am still waiting...NO checks cashed yet...
twinbrothers
07-09 05:08 PM
All:
I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.
I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.
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