a_yaja
06-25 10:34 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
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h1bmajdoor
03-04 07:52 PM
this is obviously great news for those affected.
however the speed at which the authorities have acted, and the almost total lack of support from the Congress could imply that politics here is (like desh) is quickly heading down the "what's in it for me" path.
however the speed at which the authorities have acted, and the almost total lack of support from the Congress could imply that politics here is (like desh) is quickly heading down the "what's in it for me" path.
greensignal
08-22 11:06 AM
You applied at the right service center TSC. I also live in NC and applied on July 25th at TSC and got the Receipt notices.
Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.
So dont worry.. But you may call TSC Service center for any status
Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.
So dont worry.. But you may call TSC Service center for any status
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crystal
04-10 02:30 PM
I am not sure the following question in Profile is still relavent. For new members it does not make any sense.
"Would you attend the rally in DC on Sept 18th 2007"
"Would you attend the rally in DC on Sept 18th 2007"
more...
satya1234
03-29 01:05 PM
Thanks for the reply. Yes H1 extension has been applied before I94 expires.
But by the time H1 transfer applies, I94 got expired.
Please let me know if you need any futher information.
But by the time H1 transfer applies, I94 got expired.
Please let me know if you need any futher information.
h1techSlave
08-04 06:52 AM
While the thread was started on a light note, I think this is a serious topic.
Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).
I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.
If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.
And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).
I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.
If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.
And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
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doudou
06-25 07:17 PM
Has he already filed? Can you send in your application before July 01 dateline?
Gene
Thank you guys. This scares me. I believe he already filed. At least that is what he told.
Gene
Thank you guys. This scares me. I believe he already filed. At least that is what he told.
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indianabacklog
10-24 06:16 PM
I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
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Aah_GC
07-21 11:16 AM
Hi there - thanks for posting this. Am in the same boat as you were. Do you by any chance have that fax number?
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conundrum
03-25 08:41 PM
Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
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amitga
03-17 11:29 AM
Its SUTAIN Act not STRIVE Act.
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sheela
07-11 06:08 PM
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available
FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available
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amsgc
06-15 11:46 PM
WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
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joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
more...
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manand24
09-17 07:23 PM
I am on the same boat. My I-485 receipt and my wife's receipt have SOURCE as UNKNOWN.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
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ashkam
11-17 02:53 PM
using AP with H1B will not affect your h1b status in anyway.
Go with what roseball said ..................... 100% true
What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.
Go with what roseball said ..................... 100% true
What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.
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nozerd
02-24 12:20 PM
pitha,
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
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copsmart
02-20 08:44 PM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
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immigrationvoice1
11-29 04:55 PM
I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
21stIcon
12-21 06:33 AM
What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
GCplease
03-25 02:21 PM
I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.
The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.
The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.
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