vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
wallpaper dios es amor
nixstor
11-16 02:59 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.
shana04
02-12 03:38 PM
Shana,
Nice to know that you started the process. Did you send the job transfer letter to USCIS along with H1B transfer or you just did H1b transfer (with plan to send the letter later).
In a way it�s nice that USCIS is tracking all applications together (H1B transfer, I140, I485 for a candidate). It atleast gives the confidence that they are tracking all together and may not get any RFE�s to give them copy of I140 or such.
Please share any updates.
- kishdam
H1B transfer was regular transfer but my new employer used the same job code as specified in labor.
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Nice to know that you started the process. Did you send the job transfer letter to USCIS along with H1B transfer or you just did H1b transfer (with plan to send the letter later).
In a way it�s nice that USCIS is tracking all applications together (H1B transfer, I140, I485 for a candidate). It atleast gives the confidence that they are tracking all together and may not get any RFE�s to give them copy of I140 or such.
Please share any updates.
- kishdam
H1B transfer was regular transfer but my new employer used the same job code as specified in labor.
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
2011 Dios es Amor
gcnirvana
07-06 04:04 PM
Also let all your friends/family know about tonight's interview. This will encourage them to visit IV and ultimately join and contribute :)
BTW, Great Job IV and Good Luck Doc!!
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
BTW, Great Job IV and Good Luck Doc!!
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
more...
GC08
07-07 08:39 PM
Glad that it caught some attention. However, from what I heard, it was not deep enough. Only a detailed replay of the event and other related issues can give people a real understanding how serious the problem is.
letstalklc
12-21 09:10 AM
I agree 100%, all these consulates are peace of crap, the way they behave is un believable, I have been to New York Office twice, both the times very bad, I don't think they change...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
more...
Dhundhun
01-10 07:15 AM
IV friends,
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
2010 dios es amor. de que Dios es
GCNaseeb
09-09 07:00 PM
Though the website says sold out, I called just now and got a queen room for 109+tax for one night 17th. Thanks for the help.
I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
more...
lazycis
12-20 08:48 PM
Good read here:
Risk of GC Rescission for Failure to Notify Change of Job / Employer!
http://www.murthy.com/news/n_risres.html
http://www.murthy.com/news/n_apprea.html
"The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21."
That's the whole point. If you know that petitioning employer will not withdraw I-140, there is no need to notify the USCIS about the job change. Obviously it's in someone's best interest to notify the USCIS of invoking AC21 if there is a risk of I-140 withdrawal.
And at the end, the GC was not rescinded even though the person did not notify the USCIS about AC21:
"After about eight months of persistent follow-up on our part with the various federal agencies and AILA, we received a favorable decision for our client. It stated that, upon further consideration, the grounds for the rescission did not apply and that, after a complete review of the record of proceeding, the original approval of the Adjustment of Status Application was reaffirmed."
Risk of GC Rescission for Failure to Notify Change of Job / Employer!
http://www.murthy.com/news/n_risres.html
http://www.murthy.com/news/n_apprea.html
"The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21."
That's the whole point. If you know that petitioning employer will not withdraw I-140, there is no need to notify the USCIS about the job change. Obviously it's in someone's best interest to notify the USCIS of invoking AC21 if there is a risk of I-140 withdrawal.
And at the end, the GC was not rescinded even though the person did not notify the USCIS about AC21:
"After about eight months of persistent follow-up on our part with the various federal agencies and AILA, we received a favorable decision for our client. It stated that, upon further consideration, the grounds for the rescission did not apply and that, after a complete review of the record of proceeding, the original approval of the Adjustment of Status Application was reaffirmed."
hair por el Reino de Dios-Amor.
Siboo
07-27 03:06 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
It is not late now.
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
It is not late now.
You may send one to California Service center, one to Vermont Service center and the final one to National Support center.
I am sure you will get at least one Receipt number. :D :D
more...
sanju
09-09 09:13 PM
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
It may be ok if the new employers writes in the employment verification letter sent to USCIS to reply to the RFE that your salary with the new employer is say between 80K-83K "plus benefits". Per diem is actually a benefit. The only problem could be, per diem is for finite period of time and you have to maintain a primary residence different than the place of your work, now sure though. I think this question could be verified by a lawyer and/or HR dept.
hot dios es amor.
pd_recapturing
05-12 05:34 PM
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.
I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.
more...
house el amor de dios
desi3933
06-19 02:52 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
Thanks,
Jayant
Mr. Jayant -
This is incorrect.
Remember, GC is for the future job and I-485 is not H1 filing where you need pay stubs.
One needs EVL for I-485. The job position must be open in order for beneficiary to file for I-485 application.
Have a good day!
tattoo dios es amor.
chmur
12-13 11:27 PM
To highlight other point of view and keep the debate balanced... It ain't rosy on the other side(India) either.
There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.
attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.
and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.
Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...
Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.
Simply put: There ain,t free lunch, anywhere.
IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.
There is a severe shortage of highly skilled personnel in India too.
For those talents , salaries have gone through the roof. Add to that rupee has appreciated a whopping 11% this year...significantly compromising cost advantage.
attrition is a problem to get anything significant done . There are many stories of companies moving out of india due to attrition.
and for those outsourcing companies like wipro , infy etc where name of the game is pure staff augumentation/outsourcing ..... immigration issues will hit their business too.
Add to that all the peripheral issues with doing business in India ....poor infrastructure, cultural issues and overhead/risk of managing distributed teams etc ...
Pure outsourcing/staff augumentation business model employed by Indian bell weather IT companies is finally being challenged.
Simply put: There ain,t free lunch, anywhere.
IMO: Purely from career standpoint , getting a greencard and staying put in US, is still the best option by a distance.
more...
pictures dios es amor
kondur_007
06-10 08:22 PM
The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants.
"reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.
We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
You echoed my feelings about CIR...
My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.
And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...
Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!
"reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.
We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
You echoed my feelings about CIR...
My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.
And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...
Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!
dresses dios es amor.
kumarc123
07-08 01:16 PM
Hello All,
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
I suggested this in my last two posts and I am suggesting this again. Emails , faxes to Rep will not create visibility of the problem. What we need to do is, do something big, like a DC rally again. One of the benefits behind doing this will be, everyone in this country i has their eyes on DC for presidential elections. Hence more visibility for us.
Secondly the topic of these three bills is hot, if we don't do anything now, it will turn cold, and then will be forgotten.
What we really need is a huge volume of high skilled workers in DC, not just a handful. Please let us all get together in DC again and push for these bills. We will get a lot of visibility. How about sending flowers to congress members?
Please let us all act on it!!
All EAD suckers! Wake up ! We need your help, Help us to help you and your future!
more...
makeup dios es amor; dios es
eastindia
07-29 01:11 PM
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
girlfriend dios es amor. Dios es Amor.
nozerd
12-29 09:59 AM
Before I approach Ombudsman is it wise to get any sort of clearence or green signal from your lawyer ? Can you approach them directly without a lawyer ?
Thanks
Thanks
hairstyles wallpaper DIOS es AMOR
GotGC??
03-27 12:04 PM
Anyone in the Bay Area planning to meet the local law makers? I'd like to join.
godspeed
11-03 01:36 PM
no, its called covering our behind, if in future something comes back to bite ;),
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
kaisersose
06-05 02:44 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
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