morchu
06-25 10:48 PM
I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).
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h_shaik
11-14 04:12 PM
Your employer gave you a red mark.
somebody gave red mark...what happened???
somebody gave red mark...what happened???
gc_mania_03
01-27 03:39 PM
http://immigrationvoice.org/forum/showthread.php?t=23346
http://immigrationvoice.org/forum/showthread.php?t=23347
Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.
Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.
I think you may be venting your anger on some spam bot. If you didnt notice the name of the blogger is LayoffBlog which is also the name of a website with this information.
http://immigrationvoice.org/forum/showthread.php?t=23347
Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.
Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.
I think you may be venting your anger on some spam bot. If you didnt notice the name of the blogger is LayoffBlog which is also the name of a website with this information.
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aroranuj
11-24 10:12 PM
I am in the same boat....TSC denied my I-140. My attorney has said that you can file an appeal (in your case in the EB2 category) at the same time you can also file for a new I-140 in a different category. Your best bet is to possibly file in the EB3 Category & wait for the appeal take its time at AAO. In the end if they do deny the appeal you can still file a new I-140 in the EB2 category.
Let us know what reccomendations your attorney provides you.
Good luck!
Let us know what reccomendations your attorney provides you.
Good luck!
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sioux
12-24 10:33 AM
How long is the AP approval taking these days?
green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
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dummgelauft
05-07 12:11 PM
To all of you who get the adrenalin rush on seeing a LUD...
When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.
Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.
When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.
Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.
2010 A Year Without Rain selena
mjdup
05-31 09:46 AM
Messed up my pay pal account, fixed it and contributed, back to recurring contribution...please contribute folks !
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on_h1b_since_1998
06-20 12:15 PM
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
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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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aravindhome
04-29 01:02 PM
Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
hot Music - Selena Gomez And The
k_sing
09-20 12:17 PM
Responding to latest response:
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
more...
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americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
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jsb
11-28 01:19 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
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GotGC??
03-09 03:03 PM
Some EB3 for India/China/Row would be in IT, but I bet a vast majority of EB3 from other countries, especially Mehico, is not IT related.
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
dresses #39;A Year Without Rain#39;
gc_75
07-17 08:00 PM
How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.
For applying with Company B, you need to have fresh a PERM Labor approved from Company B.
Hope this helps.
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
For applying with Company B, you need to have fresh a PERM Labor approved from Company B.
Hope this helps.
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
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makeup Photo: Selena Gomez And The
kk_kk
02-04 09:44 AM
My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
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anilsal
07-30 06:36 AM
W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.
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nave_kum
08-15 03:22 AM
why did you want to refile? Did you get a copy of the complete filing from your attorneys office to see what they filed? Was something missed in your first filing?
Multiple filing is not a good idea - My 2 cents :)
Multiple filing is not a good idea - My 2 cents :)
reddy_73
10-02 02:59 PM
even i have the same thing, mine was received by NSC and receipt mailed by NSC.
section says as UNKNOWN, called USCIS and she does not know any thing about it
section says as UNKNOWN, called USCIS and she does not know any thing about it
gopalkrishan
08-03 03:22 PM
Hmmmm .. I have been thinking of losing a bit weight now, after everybody started pointing it out to me.. The rationale behind it being that since I am going �over the hill� I should start looking after myself..
I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..
Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...
Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??
Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..
Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..
Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d
Gopal Krishan
I decided to just touch the fringes, so made a mistake of floating out my idea and BOOM the world crashed .. I was flooded with suggestions, drowning in motivational talks and sometimes buried under laughter of the unbelievers. I was first told to stop BEER (*actually started with BEER and changed to ALCOHOL*) completely as it increases water retention in the body, making you bloat up.. Then one nice (*and i believe he must have been a veggie extremist*) person come up with surefire idea of giving up non-veg food, and that not only would reduce weight but also cholesterol and what not.. Next on the sacrifice list was Rice as it had carbohydrates, then came universal food vegetable - Potatoes, they shared the same vice as Rice.. One suggested to drink lot of water, another suggested lot (*I believe exact words were "minimum half a liter"*) of milk..
Best was when one sane(*or so I thought*) person suggested eating lots of fruits .. until it came down to restrictions .. I could not eat banana as they were not exactly diet fruit .. Watermelon at night was a no-no as they did not get digested easily .. Papaya were frowned upon as they generate lot of heat in body and so on so forth ...
Before you start wondering .. They also coached me about eating habits .. I prefer to go to the Gym(*actually started from yesterday only*) in evenings and that was the hinge on which raged the eye of the storm, i mean discussion .. One suggested no eating for couple of hours before and AFTER gym and another suggested that I eat soon after coming back so that the food could settle for couple of hours before i slept.. One frowned upon having water with food or rather immediately after eating it .. Come On .. if I bite into a red hot pepper am I still supposed to wait for an hour to have that glass of water??
Anyways, after listening to all this, the only thing I could think of was GITA .. this world is all an illusion of temptations and ascending beyond the web of mortal hope and trepidation will lead to salvation.. I felt as if I was being groomed to go in a battle .. No no, that�s a wrong analogy.. as if I was being groomed to rise over my mortality and mortal temptations to achieve sainthood in the vast lonely reaches of Himalayas..
Tsk Tsk, such a big decision to follow .. I need strength for this .. Let me grab my BEER and CHICKEN so that I can contently introspect, contemplate and find some strength TO LOSE WEIGHT ..
Cheers to losing weight (*was only on my 3rd beer yet, while thinking of penning this down*) :d
Gopal Krishan
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