pijp
07-18 10:51 PM
Hi, I am currently on a Company A's payroll and working at a client's place (Company B); now that Company B wants me to join them; however, there is a contract between Companies A & B not to hire the employee directly; what should be done in this case? I also have a contractual obligation to my employer not to join the client for 12 months. My employer(Company A) is not willing to let me go (though I worked for a year already). Any advise from the forum?
Thanks
Thanks
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chanduv23
12-10 11:16 AM
Check this thread
http://immigrationvoice.org/forum/showthread.php?t=16004
http://immigrationvoice.org/forum/showthread.php?t=16004
gulute
05-19 03:30 PM
That was real quick!
Thanks
Thanks
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mbartosik
09-25 12:36 PM
Mark, point taken but I do believe if we can raise some stink then we should. The Law firms need to realise that the country club memebership is coming at the cost of some poor sap stuck in the immigration rut and all he/ she needs is kind words and sound advice. I shall stop my ranting about Fragomen after this post.
On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.
If approached in the right way there is a chance that big law firms will be helpful to us. The way to do this is politely, not raising a stink, with a credible number of their clients supporting us. The big law firms could act as a "force multiplier" to use a military term, only a small fraction of the community currently know about us, the big law firms and USCIS are the common connection for EB GC process, and USCIS is not about to email all their customers about us. With the right encouragement law firms might just help.
If they have members reading forums great. However, please do be civil.
I do understand the need to vent and rant sometimes. My personal guide is not to post anything that I do not want to be publicly (or legally) held to. Also a balanced constructive post is useful for all. So I place my full name in my signature.
On your other point about law firms participating. What makes you think they already do not have a member in the forums. If they read this good then the messeage has been sent across.
If approached in the right way there is a chance that big law firms will be helpful to us. The way to do this is politely, not raising a stink, with a credible number of their clients supporting us. The big law firms could act as a "force multiplier" to use a military term, only a small fraction of the community currently know about us, the big law firms and USCIS are the common connection for EB GC process, and USCIS is not about to email all their customers about us. With the right encouragement law firms might just help.
If they have members reading forums great. However, please do be civil.
I do understand the need to vent and rant sometimes. My personal guide is not to post anything that I do not want to be publicly (or legally) held to. Also a balanced constructive post is useful for all. So I place my full name in my signature.
more...
H1B-GC
06-10 02:17 PM
EB2 China - No Change
EB2 India - October 1st 2005
Good luck to all those who are current!!
EB2 India - October 1st 2005
Good luck to all those who are current!!
Jaime
09-05 04:23 PM
Let's go for more!
more...
walking_dude
10-19 04:22 PM
SEE you guys Tommorrow.
Lets Rock, Yalgaar Ho and rest of the jazz.
Lets Rock, Yalgaar Ho and rest of the jazz.
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Almond
07-05 11:44 AM
I agree..calling USCIS customer service doesn't make any sense.They are all front desk people who have no clue of what's happening inside.
Of course it makes sense, that is why they are called "Customer Service". Continuing to call them at this time when we know they know NOTHING doesn't make sense. But it sure is funny to hear the crap they have to say:D
Of course it makes sense, that is why they are called "Customer Service". Continuing to call them at this time when we know they know NOTHING doesn't make sense. But it sure is funny to hear the crap they have to say:D
more...
GC_1000Watt
06-10 04:29 PM
Visa Bulletin for July 2010 (http://travel.state.gov/visa/bulletin/bulletin_5019.html)
Atlast..Some movement. :)
Atlast..Some movement. :)
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rsrikant
07-20 10:37 AM
hey guys,
please put me in loop also..
my id is r s r i k a n t @ g m a i l . c o m
i will appreciate if you let me know how you plan to file for 485 with out receipt no...
please put me in loop also..
my id is r s r i k a n t @ g m a i l . c o m
i will appreciate if you let me know how you plan to file for 485 with out receipt no...
more...
paulan
08-04 02:28 PM
Please see the answers below:
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".
The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.
Keep in mind, that no matter what, you will not be able to work before Oct 1.
I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.
You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.
Again THANK YOU for your replies, it's a BIG HELP!
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".
The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.
Keep in mind, that no matter what, you will not be able to work before Oct 1.
I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.
You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.
Again THANK YOU for your replies, it's a BIG HELP!
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needhelp!
04-29 05:41 PM
Thanks
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javadeveloper
07-23 03:47 PM
Any Idea about Cohen & grigsby (http://www.cohenlaw.com)
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needhelp!
02-12 06:09 PM
CA - 1349
TX - 374
Tristate - 140
LA - 105
FL - 102
Following states have less than 100 letters.
KY,MD/DC/VA,MO,PA,IL,MI,GA,RI,MA,MN,WA,NC,CO,OH,WI,NH,KS,NV ,OR,NM,NE,MS,AZ
Go IV!
TX - 374
Tristate - 140
LA - 105
FL - 102
Following states have less than 100 letters.
KY,MD/DC/VA,MO,PA,IL,MI,GA,RI,MA,MN,WA,NC,CO,OH,WI,NH,KS,NV ,OR,NM,NE,MS,AZ
Go IV!
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shukla77
04-10 02:34 PM
Good post and to the point. On the side note you might be able to hide behind the portable closets.:)
Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)
On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??
I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
Chandu, you made me laugh (in a fun way, not in the making fun of you way). Hiding is done inside the closet, not behind it. Maybe lack of clothes is explainable because one is "behind" the closet :)
On a serious note though, You provided so many ways that money is being raised by running marathons, funding drives etc etc...but come on, where on this website or anywhere else is it mentioned how this money is being spent??
I have absolutely no right to ask that question because i have never contributed money. But when i am told that I dont have access to this thread or that thread because I am not a donor...I do have the right to question if this organization actually represents all immigrants or just the donors?? If the motto of IV becomes "Change for fairness and justice (For Donors Only)" then it would make a lot more sense to me. But as long as IV keeps on harping that they represent the plight of legal immigrants (which I am) then I do have the right to ask the question ..."What exactly has IV done?"
Asking the question is never the problem, it may make people uncomfortable but I want people (like yourself) who are contributing to at least ask IV before ranting on people like me (who dont contribute) to support the cause...Supporting the cause is NOT equal to giving IV money. The republicans already tried something similar ..."If you are anti-war, you dont support the troops"..That was fallacious and so are all the personal attacks on the "freeloaders" (like myself ofcourse).
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piyushvora
05-20 08:45 AM
Transaction ID: 9BK50167HC394604P
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Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966Go to PayPal Account Overview
An email with your order summary has been sent to CCCCCCVVVVVV@yahoo.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966Go to PayPal Account Overview
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gccovet
06-24 03:13 PM
Hi ! My H1B with current employer is valid till March 2010. I got a new job offer and employer is willing to transfer my H1B. I have submitted all the documents.
The attorney of the new employer says, that I can start working with new company once USCIS receives my application. Is it safe? She says Fedex tracking no. is enough. Did any one face this situation? pl.respond. She got instructions from the employer to apply in regular process.How much time it will take to get a receipt no. in regular process?
Once you get a reciept notice, you can start working, but to be safe, you maywant to wait till approved. If the employer wanted you badly, why did they not file in PP?
GCCovet
The attorney of the new employer says, that I can start working with new company once USCIS receives my application. Is it safe? She says Fedex tracking no. is enough. Did any one face this situation? pl.respond. She got instructions from the employer to apply in regular process.How much time it will take to get a receipt no. in regular process?
Once you get a reciept notice, you can start working, but to be safe, you maywant to wait till approved. If the employer wanted you badly, why did they not file in PP?
GCCovet
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indianindian2006
07-08 02:04 PM
Can anyone tell me if a dentist [BDS] from India who has passed Califonia state board exams and has a DDS licence to practice in California and currently practicing for 1 year is eligible under skil bill.
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Alien
02-09 10:28 PM
Shouldnt this be promoted as an IV action item?Can we setup a webfax?
canadianinnyc
02-22 04:22 PM
Please disregard above posting; I did my research and have figured out my above questions.
Thanks again.
Thanks again.
nyte_crawler
03-14 02:23 PM
I think DOS knows a damn when they move the dates (I think everybody agrees with that) They still move their dates based on demand of approvals from last qtr / month and they calculate the expected demand. I think they are probably making the assumption that everything is normally distributed (atleast this is my assumption). I dont believe in numbers, but lets say for example :
If you see that for March they have about 43 EB3I applications current and through April they have made 55 EB3I current and they added only 8 apps through 2 months. (Also Chennai consulate appointment numbers decreased from 10 to 5 from March to April) But on the other hand, by making EB2 Dec 2003 they have added 150 applications to the pool. This does'nt make any sense.
I agree that there could be indians who applied EB3 and dont work for IT and not have access to or perhaps dont want to track them, but again it should not be too much when compared to EB2.
So in my opinion, if DOS calculates the same way they do the EB3I dates should move to some where in Jan 02 in three months and the last quarter is going to move to the end of 2002.
If you see that for March they have about 43 EB3I applications current and through April they have made 55 EB3I current and they added only 8 apps through 2 months. (Also Chennai consulate appointment numbers decreased from 10 to 5 from March to April) But on the other hand, by making EB2 Dec 2003 they have added 150 applications to the pool. This does'nt make any sense.
I agree that there could be indians who applied EB3 and dont work for IT and not have access to or perhaps dont want to track them, but again it should not be too much when compared to EB2.
So in my opinion, if DOS calculates the same way they do the EB3I dates should move to some where in Jan 02 in three months and the last quarter is going to move to the end of 2002.
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