SGP
10-28 10:38 AM
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
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techie.dude
06-04 04:02 PM
I got my 7th yr extension in just over 4 months... so you never know.. :rolleyes:
casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
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rb_248
08-14 03:34 PM
Dogking,
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
more...
UKannan
04-26 02:42 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
If you've so much worries/tension, why don't you go back to your home country? :D
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
If you've so much worries/tension, why don't you go back to your home country? :D
mihird
11-15 10:48 PM
It will be YOUR I-140, not your spouse's...your spouse doesn't even have to disclose your I-140 story while going through F1 stamping...
The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...
The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...
more...
vaishnavilakshmi
07-07 05:23 PM
Hi all,
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
There are many applications which reached on 30th june and 1st july too!!!My application was mailed on 29th june and reached uscis (nebraska)on 30th june .Can u please upgrade the poll??
vaishu
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jamesingham
06-22 04:20 PM
Mine is the same company that applied for EB2 in the first place
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ItIsNotFunny
01-06 01:27 PM
Dear fellow IV'ians,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
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wonderlust
09-27 04:34 PM
You are wrong! I am not indian, my friends from China, Sweden, Poland, Russia, Philipine, and Vietnam were there. You just did not see the pics.:D
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
more...
eyeswe
12-18 09:54 PM
I am not able to get into chat?
There is a minimum number of posts and points needed to enter chat
There is a minimum number of posts and points needed to enter chat
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dixie
08-23 06:55 PM
We all know very well by now that the house of representatives is THE mover when it comes to passing any pro-legal immigration bill.Given that half of those representatives may loose their jobs in the coming election, I dont see much point in contacting them now if they have already made up their mind not to do anything on immigration until the elections. But we will have to double our efforts as soon as the new congress settles in so that our agenda gets highlighted to the new members of congress.
But look at the positive side. We have more time to contact the law makers.
But look at the positive side. We have more time to contact the law makers.
more...
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bfadlia
10-22 01:22 PM
I can't help but notice that progress at TSC.
They were processing July 16, 2007 2 - 3 months back.
One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)
Last month, they made progress till June 23, 2007.
Since last month, they made a progress of one day - June 24, 2007.
Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(
Here's my interpretation:
say last month, for EB3 ROW, the priority date was Jan 1st 2005, so they pick the cases earlier than that date and start working on them. They then say in the processing website that the oldest case they have worked on among these is july 8th. The following month, the priority date becomes May 1st 2005, so now they have to pull the cases whose priority dates are between January and May and add them to the processing queue. Some of these cases will have receipt dates earlier than July 8th, therefore the processing date this month can rightfully move back to reflect that.
But of course we also know USCIS doesnt follow a consistent process in pulling cases.
They were processing July 16, 2007 2 - 3 months back.
One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)
Last month, they made progress till June 23, 2007.
Since last month, they made a progress of one day - June 24, 2007.
Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(
Here's my interpretation:
say last month, for EB3 ROW, the priority date was Jan 1st 2005, so they pick the cases earlier than that date and start working on them. They then say in the processing website that the oldest case they have worked on among these is july 8th. The following month, the priority date becomes May 1st 2005, so now they have to pull the cases whose priority dates are between January and May and add them to the processing queue. Some of these cases will have receipt dates earlier than July 8th, therefore the processing date this month can rightfully move back to reflect that.
But of course we also know USCIS doesnt follow a consistent process in pulling cases.
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senthil1
06-12 07:22 PM
It will take weeks to write the draft of the bill. Then atleast 1 month debate about the bill. So it will take 2 to 3 months even if everything is positive. Even if they are serious they may not have enough time to pass CIR. So 2010 may be right time for CIR.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
more...
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walking_dude
08-02 10:53 AM
Thanks Santb1975, Natrajs. Sanju, that's a dangerous proposition... I might kiss you back :).
Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.
Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.
Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
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eilsoe
10-02 02:42 PM
haha, flex, i think pom is talking about my game (project)... :P
Now where's that wallpaper section...?
Now where's that wallpaper section...?
more...
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jonty_11
02-19 11:27 AM
depends if u are india or china.....u shud only do EB2.
Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.
Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.
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21stIcon
04-10 07:19 AM
I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.
Thx,
PD -->01/07/2004
RIR/TX
No 45 days letter yet
PERM Conversion filled on 02/07/06
Thx,
PD -->01/07/2004
RIR/TX
No 45 days letter yet
PERM Conversion filled on 02/07/06
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sc3
08-28 02:46 PM
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.
Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.
shana04
12-31 01:48 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).
You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.
Good Luck and let us know how it went through.
All the best for you and your family.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).
You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.
Good Luck and let us know how it went through.
All the best for you and your family.
saileshdude
03-26 03:34 PM
My husband recieved a transfer notice for his I-485 from TSC saying that the
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
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