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  • sdrblr
    10-28 11:11 AM
    Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
    Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

    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.





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  • srikondoji
    08-28 12:50 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.

    THis is what happened with my Wife's EAD renewal.

    My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.

    We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.

    So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.

    Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
    Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."

    My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.

    Hope this helps.
    --sri





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  • devang77
    07-06 09:49 PM
    Interesting Article....

    Washington (CNN) -- We're getting to the point where even good news comes wrapped in bad news.

    Good news: Despite the terrible June job numbers (125,000 jobs lost as the Census finished its work), one sector continues to gain -- manufacturing.

    Factories added 9,000 workers in June, for a total of 136,000 hires since December 2009.

    So that's something, yes?

    Maybe not. Despite millions of unemployed, despite 2 million job losses in manufacturing between the end of 2007 and the end of 2009, factory employers apparently cannot find the workers they need. Here's what the New York Times reported Friday:

    "The problem, the companies say, is a mismatch between the kind of skilled workers needed and the ranks of the unemployed.

    "During the recession, domestic manufacturers appear to have accelerated the long-term move toward greater automation, laying off more of their lowest-skilled workers and replacing them with cheaper labor abroad.

    "Now they are looking to hire people who can operate sophisticated computerized machinery, follow complex blueprints and demonstrate higher math proficiency than was previously required of the typical assembly line worker."

    It may sound like manufacturers are being too fussy. But they face a real problem.

    As manufacturing work gets more taxing, manufacturers are looking at a work force that is actually becoming less literate and less skilled.

    In 2007, ETS -- the people who run the country's standardized tests -- compiled a battery of scores of basic literacy conducted over the previous 15 years and arrived at a startling warning: On present trends, the country's average score on basic literacy tests will drop by 5 percent by 2030 as compared to 1992.

    That's a disturbing headline. Behind the headline is even worse news.

    Not everybody's scores are dropping. In fact, ETS estimates that the percentage of Americans who can read at the very highest levels will actually rise slightly by 2030 as compared to 1992 -- a special national "thank you" to all those parents who read to their kids at bedtime!

    But that small rise at the top is overbalanced by a collapse of literacy at the bottom.

    In 1992, 17 percent of Americans scored at the very lowest literacy level. On present trends, 27 percent of Americans will score at the very lowest level in 2030.

    What's driving the deterioration? An immigration policy that favors the unskilled. Immigrants to Canada and Australia typically arrive with very high skills, including English-language competence. But the United States has taken a different course. Since 2000, the United States has received some 10 million migrants, approximately half of them illegal.

    Migrants to the United States arrive with much less formal schooling than migrants to Canada and Australia and very poor English-language skills. More than 80 percent of Hispanic adult migrants to the United States score below what ETS deems a minimum level of literacy necessary for success in the U.S. labor market.

    Let's put this in concrete terms. Imagine a migrant to the United States. He's hard-working, strong, energetic, determined to get ahead. He speaks almost zero English, and can barely read or write even in Spanish. He completed his last year of formal schooling at age 13 and has been working with his hands ever since.

    He's an impressive, even admirable human being. Maybe he reminds some Americans of their grandfather. And had he arrived in this country in 1920, there would have been many, many jobs for him to do that would have paid him a living wage, enabling him to better himself over time -- backbreaking jobs, but jobs that did not pay too much less than what a fully literate English-speaking worker could earn.

    During the debt-happy 2000s, that same worker might earn a living assembling houses or landscaping hotels and resorts. But with the Great Recession, the bottom has fallen out of his world. And even when the recession ends, we're not going to be building houses like we used to, or spending money on vacations either.

    We may hope that over time the children and grandchildren of America's immigrants of the 1990s and 2000s will do better than their parents and grandparents. For now, the indicators are not good: American-born Hispanics drop out of high school at very high rates.

    Over time, yes, they'll probably catch up -- by the 2060s, they'll probably be doing fine.

    But over the intervening half century, we are going to face a big problem. We talk a lot about retraining workers, but we don't really know how to do it very well -- particularly workers who cannot read fluently. Our schools are not doing a brilliant job training the native-born less advantaged: even now, a half-century into the civil rights era, still one-third of black Americans read at the lowest level of literacy.

    Just as we made bad decisions about physical capital in the 2000s -- overinvesting in houses, underinvesting in airports, roads, trains, and bridges -- so we also made fateful decisions about our human capital: accepting too many unskilled workers from Latin America, too few highly skilled workers from China and India.

    We have been operating a human capital policy for the world of 1910, not 2010. And now the Great Recession is exposing the true costs of this malinvestment in human capital. It has wiped away the jobs that less-skilled immigrants can do, that offered them a livelihood and a future. Who knows when or if such jobs will return? Meanwhile the immigrants fitted for success in the 21st century economy were locating in Canada and Australia.

    Americans do not believe in problems that cannot be quickly or easily solved. They place their faith in education and re-education. They do not like to remember that it took two and three generations for their own families to acquire the skills necessary to succeed in a technological society. They hate to imagine that their country might be less affluent, more unequal, and less globally competitive in the future because of decisions they are making now. Yet all these things are true.

    We cannot predict in advance which skills precisely will be needed by the U.S. economy of a decade hence. Nor should we try, for we'll certainly guess wrong. What we can know is this: Immigrants who arrive with language and math skills, with professional or graduate degrees, will adapt better to whatever the future economy throws at them.

    Even more important, their children are much more likely to find a secure footing in the ultratechnological economy of the mid-21st century. And by reducing the flow of very unskilled foreign workers into the United States, we will tighten labor supply in ways that will induce U.S. employers to recruit, train and retain the less-skilled native born, especially African-Americans -- the group hit hardest by the Great Recession of 2008-2010.

    In the short term, we need policies to fight the recession. We need monetary stimulus, a cheaper dollar, and lower taxes. But none of these policies can fix the skills mismatch that occurs when an advanced industrial economy must find work for people who cannot read very well, and whose children are not reading much better.

    The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.

    The opinions expressed in this commentary are solely those of David Frum.

    Why good jobs are going unfilled - CNN.com (http://www.cnn.com/2010/OPINION/07/06/frum.skills.mismatch/index.html?hpt=C2)





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  • 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



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  • drirshad
    12-31 11:15 PM
    How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ?

    How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....

    If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months

    BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....

    Happy New Year 2007 ...........





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  • ashres11
    04-28 05:12 PM
    Friend,

    I did google search to find email address ends with @dol.gov and did mass emailing to all of them and finally they started invetigation on my previous employer and he is now behind federal bar.



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  • adhantari
    08-12 07:33 AM
    with your efforts. I hope you don't get banned...





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  • SNLive999
    06-11 05:46 PM
    Hello,

    I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.

    SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???

    1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )

    2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)

    3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.


    Thank you for letting me know.



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  • go_guy123
    10-02 01:51 PM
    Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
    I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
    Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
    Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
    But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
    Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.

    Someone please respond.

    Long term US citizenship is far better. No confusion about that.
    If you have a GC/US citizenship job opportunities are far far more in US.
    I know because I live in Canada and worked on H1B in US and also worked in India.

    Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
    Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.

    The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).





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  • yabadaba
    06-30 03:23 PM
    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???



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  • stemcell
    02-11 11:38 AM
    Albertpinto

    Nice idea actually.

    There have been many articles about economic growth secondary to legal immigrants.
    In retrospect all of us come with couple of suitcases and end up in the top 10% of the socioeconomic strata given a time frame of 5 yrs or less.
    Washington know this but the lethargy to do anything for us is i think is political.

    Now that CHANGE has been elected lets see whats in store for all of us.





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  • prabasiodia
    08-01 11:13 AM
    All they need to do is add "text message" functionality and a new Cascaded Style Sheet.
    I sincerely hope that's not the case though. :rolleyes:

    If you look at the new features list:
    A customer-centric home page that provides applicants with a “one-stop shop” of immigration services information.


    Simplified navigation and improved search capability.


    Enhanced customer service tools including expanded Case Status Online with both email and text functionality.


    Information that is written clearly and meets the needs of our customers.


    It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!



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  • franklin
    07-08 10:10 PM
    Is that all he said? I wonder why he did not say they should be screened for their skin color, their Shakespearean English and BTW all the applications of legal residents and naturalized Citizens here who are non Europeans ought to be revisited to ensure they fit the new criteria. Perhaps actually saying that would have been too politically incorrect.

    This guy is unbelievably anti-immigrant. Even many anti-immigrants feel he is too far to their right on this issue. Him in the house and Sen. Jeff Sessions in the Senate cannot be changed. They are rather openly vile, vicious and virulent in their attack of any and all immigrants.............legal or illegal. That is why they are given so much airtime on CNN with Lou Dobbs.

    The real irony of it all to me is that the ancestors of many of the Mexicans (albeit illegal) immigrants crossing the southern border are indigenous people of the Americas (the new world) like Mayans and Aztecs (atleast in part). His (Tancredo's) predecessors on the other hand are "invaders" like he terms todays immigrants. I wish one day his kind of people who seem like they feel America is their divine gift from god get asked this question in a public forum.

    I have yet to meet 1 citizen who speaks Shakespearean English... it certainly won't be anyone on Fox!





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  • samcam
    05-19 02:28 PM
    Welcome to our newest member, bhatia_sanjay

    3880 members...



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  • GCneeded
    11-08 12:24 PM
    Hello Everyone,

    Thank you everyone for the responses.

    RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.

    I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.





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  • mohitb272
    03-19 11:47 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.



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  • prashantkh
    08-22 01:30 PM
    Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
    Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.

    But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)

    PK





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  • ilwaiting
    07-08 04:56 PM
    Guys! what do you expect? Mr Tancredo is a ultraconservative rep and is against any immigration.
    Just ignore him.


    My bad it was Tom Tancredo.





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  • gcisadawg
    02-03 02:09 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    RUN buddy RUN! This forum is for LEGAL immigrants trying to get their employment based green cards. There are people from EB3 with PD from 2001 ( yeah, TWO THOUSAND AND ONE) who are maintaining their EB status diligently by having a steady job and waiting and waiting and waiting for their GC to come.

    Now, you coolly come and say what you have just said and have the gall to ask for advice.

    The same applies to other poster 'nehas' also who had a similar question.

    Thanks,
    GCisaDawg





    rajeshalex
    09-11 01:44 PM
    Good idea. We can also say thank you for what ever USCIS has done.[ july fiasco]





    testtesttest
    07-17 06:32 PM
    just called her and thanked her for her efforts.