kshitijnt
05-01 12:15 AM
I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.
I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.
I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.
wallpaper Dodger Stadium under
Sachin_Stock
09-23 04:54 PM
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date.
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.
Porting is a right justice served. Of course, not everybody are eligible for that.
santb1975
06-28 01:47 AM
I will post any Jobs that I come across that only ask for US citizens or GC's
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
2011 Dodger Stadium
anilnag
05-02 03:55 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
Ask a few more to give me red... I will be happy to get more for saying what I said.
Ask a few more to give me red... I will be happy to get more for saying what I said.
more...
gemini23
09-27 03:57 PM
got my receipts today.
Case Details:
i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
i-140 still pending at NSC.
Got the receipts for all 6 cases from lawyer today.
i-485 for me and my wife got transfered to TSC and pending.
Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
AP pending in TSC.
Case Details:
i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
i-140 still pending at NSC.
Got the receipts for all 6 cases from lawyer today.
i-485 for me and my wife got transfered to TSC and pending.
Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
AP pending in TSC.
gc28262
02-10 10:37 AM
Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV
more...
kshitijnt
07-09 01:22 PM
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
2010 Dodger Stadium
ghost
06-21 10:03 PM
GCBy3000,
You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).
So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.
So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.
I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.
The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.
The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.
So our options are:
1) To wait until next summer for CIR
2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.
Long post, huh? This GC thing is getting on my nerves too:)
Peace Out!
You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).
So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.
So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.
I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.
The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.
The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.
So our options are:
1) To wait until next summer for CIR
2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.
Long post, huh? This GC thing is getting on my nerves too:)
Peace Out!
more...
gc28262
06-28 01:04 PM
Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.
hair Opening day at Dodger Stadium
vbhup2
11-17 04:12 PM
Done plus 5 friends plus status with link on fb.
more...
pd052009
09-23 01:50 PM
Dude... Whatz up?
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
hot Dodger Stadium Los Angeles
jgh_res
07-20 10:34 AM
Keep it going and bring out Aman out of this mess.
$100 from me.
Recurrent contribution $ 50.
$100 from me.
Recurrent contribution $ 50.
more...
house Los Angeles Dodgers Jonathan
hope_4_best
06-20 09:17 PM
http://www.msnbc.msn.com/id/13446357/
WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.
"Our number one priority is to secure the border, and right now I haven't heard a lot of pressure to have a path to citizenship," said Speaker Dennis Hastert, R-Ill., announcing plans for an unusual series of hearings to begin in August on Senate-passed immigration legislation.
"I think it is easy to say the first priority of the House is to secure the borders," added Rep. Roy Blunt, the GOP whip.
................
WASHINGTON - In a defeat for President Bush, Republican congressional leaders said Tuesday that broad immigration legislation is all but doomed for the year, a victim of election-year concerns in the House and conservatives' implacable opposition to citizenship for millions of illegal immigrants.
"Our number one priority is to secure the border, and right now I haven't heard a lot of pressure to have a path to citizenship," said Speaker Dennis Hastert, R-Ill., announcing plans for an unusual series of hearings to begin in August on Senate-passed immigration legislation.
"I think it is easy to say the first priority of the House is to secure the borders," added Rep. Roy Blunt, the GOP whip.
................
tattoo Los Angeles Dodgers Stadium
abq_gc
08-18 03:00 PM
you manage people with a stick ?? :)
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
more...
pictures alyssa at Los Angeles Dodger
BharatPremi
03-28 11:20 AM
You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
dresses Los Angeles Dodgers Stadium
ksam75
07-02 09:57 AM
Attorney shipped the package on June 29th. This is what the FedEX website says:
7:40 AM At local FedEx facility LINCOLN, NE
7:40 AM At local FedEx facility LINCOLN, NE
more...
makeup Los Angeles Dodgers Logo
Suva
08-13 11:40 AM
If it's a july filler then there is a chance of getting rejected because it reached there on June 30.
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
Hi all,
Our papers were mailed on 29th june 2007 by overnight mail and reached USCIS(Nebraska) on 30th june 2007.
EB3,priority date
vaishu
girlfriend house the Los Angeles Dodgers
alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
hairstyles Dodger Stadium, Los Angeles,
makemygc
08-01 08:44 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.
But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
How difficult is to build that kind of system and to keep it balanced and fair for all.
aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
anzerraja
07-20 10:14 AM
Zooom
http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en
Can you PM me your email id so we can work out the things with this thread.
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
http://spreadsheets.google.com/ccc?k...U3Fn9GTQ&hl=en
Can you PM me your email id so we can work out the things with this thread.
Yeah sure we can extend this till monday..Is somebody keeping track of people and their pledge amount?
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