garybanz
01-08 10:14 AM
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.
My contract with my desi consultant basically says
"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.
In particular, I will not:
(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or
(ii) Divert or attempt to divert business away from Employer;"
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
funny
07-26 02:09 PM
I agree.
Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.
Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.
sbabunle
08-24 06:41 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
zulo1715
10-20 04:34 PM
Hello,
I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.
My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).
OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.
- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?
- Is there anything that the sponsoring company can do regarding this; I mean help me out?
- Can I work for another employer now that I have my GC in hand?
Thank you,
I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.
My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).
OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.
- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?
- Is there anything that the sponsoring company can do regarding this; I mean help me out?
- Can I work for another employer now that I have my GC in hand?
Thank you,
more...
Kalloo dada
03-26 03:21 PM
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
Indians dont want to pay, they want everything free or cheap.
FYI--I am also an Indian.
Indians dont want to pay, they want everything free or cheap.
FYI--I am also an Indian.
easygoer
10-09 06:17 PM
Can IV core put some light on -
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there any plan by IV for quarterly spillover. We could do it collectively like send letters to senators or Ombudsman?
more...
howzatt
04-13 12:25 PM
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
HawaldarNaik
12-17 04:42 PM
Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....
more...
JEESEE
05-11 01:43 PM
desimass77,
I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.
I talked to the FAO and they seem to understand my situation. I just want to see if my wife qulifies as 'Qualified Non-Citizen' because she has not used her EAD as of yet and neither I have used my EAD or AP.
sweet23guyin
04-23 01:31 PM
You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
more...
sanbaj
06-13 10:47 AM
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
I am very sorry for your situation. I hope it doesn't happen to anybody else.
The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.
I am no lawyer, so get with a competent lawyer ASAP and get this fixed.
Best of Luck.
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
I am very sorry for your situation. I hope it doesn't happen to anybody else.
The right thing to do would be to first report the robbery to Police, which you must have done. Get a copy of that report and get with your attorney or another competent attorney to how to tell USCIS that you have lost your Green card due to Robbery. You can also call USCIS CS number to find out what steps you have to follow in a case like this.
I am no lawyer, so get with a competent lawyer ASAP and get this fixed.
Best of Luck.
sunny1000
01-15 01:14 AM
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.
If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).
This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
It is entirely up to you. People apply for EAD while on H1B just in case there are any complications with the H1B and/or they want to switch jobs.
If you think that your GC will be approved soon, you don't have to. But, if you have applied after Aug 1, 2007, you have already paid for a FREE EAD card with the I-485 application. All you have to do is to send in the I765 (EAD application).
This EAD (along with Advanced Parole) gives you an option to switch status to "adjustment of status" and move to another compamy under AC21 rules after 6 months of your I-485 filing (with an approved I140), if you wish. I am not sure if it is OK to use AC21 rules to move to another company using L1A (H1B is pretty straight forward).
more...
needhelp!
11-21 02:10 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
dhenuva123
02-25 02:38 PM
My case is also pending ...from the last 5 and half months.....I applied on sept 1st 2010 ...the case is still in "Initial Review".........
more...
ragz4u
04-12 09:54 AM
Why not use people who already agreed to volunteer before by looking at their profiles?
Unfortunately we need folks who are active on the forums (and hence must have read this thread).
Also, we did not really clarify what a volunteer does (when someone registers), so to ensure that only folks who are really interested reply.
Hope this helps
Unfortunately we need folks who are active on the forums (and hence must have read this thread).
Also, we did not really clarify what a volunteer does (when someone registers), so to ensure that only folks who are really interested reply.
Hope this helps
ramus
06-21 02:55 PM
Guys...
Before opening any new thred, please at least take a look and see if there is already any thred on issue that you have...
There are tons of thred moving everywhere.
Aren't we making ourself confused with these many threds?
Before opening any new thred, please at least take a look and see if there is already any thred on issue that you have...
There are tons of thred moving everywhere.
Aren't we making ourself confused with these many threds?
more...
rameshvaid
04-07 10:30 AM
You should be getting the cards with in this week. A friend of mine got them within 10 days of getting the mail.
Congrats and start celebrating.
rv
Congrats and start celebrating.
rv
beibei2929
05-15 01:39 PM
Thank you, priderock!!!
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
ragz4u
02-03 11:13 AM
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
sbabunle
01-25 10:37 AM
If the govt can lobby for nuke bill, why they cannot do it for techs?
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..
thx
babu
Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
In my opinion it would be a good idea to seek Govt of India's help..
thx
babu
TomPlate
07-11 02:09 PM
Guys you should see this
www.midnightmasala.com from SUNTV
www.midnightmasala.com from SUNTV
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