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GoneSouth04-17 06:42 PMThis is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.

Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.

This is just a guess though. Check with a lawyer.

- GS



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DyersEve10-21 01:28 AMAlright......something like this?


http://teamnerd.tripod.com/random/images3.txt



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gc2826207-31 02:14 PMThank you for your prompt response

1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

2.Can New Jersy laws applicable in India to send a legal notice to me?

I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

Pls answer the above 3 questions.



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gc_maine205-14 12:39 PMWorkvisasforall thanks for your response.

Hi workvisaforall,

I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.

Thanks
sree

QUOTE=workvisasforall;241596]apahilaj-

Please see responses below in color.




Good luck![/QUOTE]

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indio061709-28 05:04 PMI am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.

They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.



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gveerab08-21 11:06 PMDon't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.

If you invoke AC21, that might trigger GC approval also. :D

:D






Thanks for your opinions.

Sorry, I should have included my Category EB2 and Country India in the original post.

I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).

I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.

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Queen JosephineJuly 26th, 2005, 05:20 AMWell, you got me started on something new Gary.... Since I don't shoot in raw format, I have never processed RAW before in photoshop, so I had to first download the most recent version of the raw plug-in.... and what fun! But since I have never played with it before, I'm still experimenting. Thanks! You've opened up a whole new world for me! :)



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eb3_nepa07-09 10:26 AMThis website is for immigration issues only. Please dont hate me now.


I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.

Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates

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learning0105-11 01:21 PMI am trying but I am getting a busy tone.



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eucalyptus.mp02-17 11:28 AMOk ..
Now I dont want to change my employer .
But my employer doent pay when I am on bench . So I may not having paystubs after March .
Will it cause any problem to H1 extention ?

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trueguy08-11 11:33 AMEverybody,

Please vote here as well:

http://immigrationvoice.org/forum/showthread.php?t=20798



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fatjoe10-31 12:42 PMMy EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.

The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php

Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)

Did you get your FP?
I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.

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GC09200310-09 04:41 PMThank you all for the advise. I used Photo shop to adjust required size and pixels. As I shrunk to less than 62.5kb, it won't 240 x 320.. became smaller. anyway, I could send it...
again, thank you for your help.



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indyanguy08-03 12:05 PMI've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

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alterego02-01 11:18 PMSeems to me, whether we like it nor not, whether it is fair or not, whether it is sensible or not, whatever, whenever this issue has come up since 2005, despite efforts to separate them our issue is tied up with the fate of the issue of the illegals in legislators minds.
American legislators(collectively) don't seem willing or able to deal with these issues separately.
So, though from a philosophical perspective I remain neutral on the issue of legalization of the status of illegal immigrants, I feel our best interests are served with a pro CIR candidate, whatever the stated position about legal highly skilled immigration. They simply don't seem ready to move on that without CIR. Whatever the consequences for the economy and global competitiveness.

Overall a McCain vs either Obama/Clinton would be OK for us, since at the very least the temperature of the debates on the issue of immigration will be less and the tone of the debate more rational and reasoned. Also that match up would make it less likely for a 3rd candidate. Romney would have fanned the flames of the anti immigrants. I write in the past tense because the or"MITT"uaries on that campaign are already being written for publication after Feb 5th.

Agree with logiclife that election of pro immigrant senators would help. That seems to me, to mean democratic gains except blue dog democrats, since that would help them push legislation through. All in all we want immigration to remain in the discussion, but the conversation to be less emotive and more reasoned and rational and civil.



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redgreen09-25 04:52 PMThere are diversity lottery, asylum, etc, options also for gc.
However, the main points of getting us citizenship is described clearly in it.

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tnite06-27 11:22 AMIs this information true?

My 140 is pending and I don't have the A#. Can I use that from my OPT card?


yes. use the A# found on your OPT EAD



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satishku_200005-03 03:41 PMI agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.


Does this mean USCIS has touched all the application before the date ?



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andycool08-28 06:49 AMAny one get refund from USCIS ??
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?

I dont think USCIS will issue refund ....



Stan0907-16 08:56 PMIt's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

As regards whether a reimbursement agreement is enforceable - it depends on state law.
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.



dcrtrv2711-14 07:32 AMWhy dont you write to your COngressman or Senator?
If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.

Arulz,
I did follwing things so far...

1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
4) Called USCIS and raised thre SR so far.
5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
6) Had infopass past week : confirm teh case assigned to IO on Oct.17th

My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D


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