veni001
02-06 09:46 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
nefrateedi
08-29 12:28 PM
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
mbartosik
11-08 10:03 PM
on the list of IV issues is legislation to require employers to share immigration documentation.
If you don't trust your sponsor then I would recommend finding a new one. You will be in position for many years where you need a sponsor that you can trust.
You will certainly want to get a copy of the I140 when that is eventually filed. You may have a long wait before you can file for I485, and you will need the I140. Some employers held people's feet to the fire to get a copy of the I140.
If you don't trust your sponsor then I would recommend finding a new one. You will be in position for many years where you need a sponsor that you can trust.
You will certainly want to get a copy of the I140 when that is eventually filed. You may have a long wait before you can file for I485, and you will need the I140. Some employers held people's feet to the fire to get a copy of the I140.
alisa
03-15 12:54 PM
Thats been my understanding of whats been happening since last summer.
I see every reason for USCIS to move the dates forward to early 2007. That will be a sweet spot where they won't have to accept anymore AOS applications (since all applications upto that time have already been filed in July 07). They will have a vast pool of AOS applications from 2001 to 2006, and they can just pick cases from that pool, and approve them.
This is assuming no major jump to CP.
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
I see every reason for USCIS to move the dates forward to early 2007. That will be a sweet spot where they won't have to accept anymore AOS applications (since all applications upto that time have already been filed in July 07). They will have a vast pool of AOS applications from 2001 to 2006, and they can just pick cases from that pool, and approve them.
This is assuming no major jump to CP.
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
more...
knowDOL
06-20 07:14 AM
I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.
dc2007
08-05 06:09 PM
This really helped me. I just did that and find out that I have so many addresses there. As I said initially because of my job status I moved a lot within US..
But I am still confused.
For India I am clear. For the period when I was in India, I will put Indian address
But while I was in US, what addresses should I put in g-325a form - The places where I actually lived or as the addresses I put in my US tax returns ?
I have no problem in providing all US addresses, but that contradicts with my addresses in US Tax returns.
If USCIS will do background check, are they more concerned about
(a) That addresses in my tax return should match with my residence addresses in g-325a form ?
OR
(c) They are more inclined towards that addresses should match with the actual addresses where I lived ?
from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.
By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.
But I am still confused.
For India I am clear. For the period when I was in India, I will put Indian address
But while I was in US, what addresses should I put in g-325a form - The places where I actually lived or as the addresses I put in my US tax returns ?
I have no problem in providing all US addresses, but that contradicts with my addresses in US Tax returns.
If USCIS will do background check, are they more concerned about
(a) That addresses in my tax return should match with my residence addresses in g-325a form ?
OR
(c) They are more inclined towards that addresses should match with the actual addresses where I lived ?
from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.
By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.
more...
breddy2000
03-09 10:22 AM
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
humdesi
11-07 12:23 AM
No need to register PIO kid till 15 years of age.
Where did you see this rule? Not mentioned anywhere here:
http://www.indianembassy.org/policy/PIO/Introduction_PIO.html
Where did you see this rule? Not mentioned anywhere here:
http://www.indianembassy.org/policy/PIO/Introduction_PIO.html
more...
Openarms
12-05 01:44 PM
Bump
what is this bump means???
what is this bump means???
sapota
10-18 06:04 PM
For them
immigration = "amnesty"
:D
Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.
immigration = "amnesty"
:D
Oh yeah. We still have to fight Anti-immigrants even after we obtain naturalization.
more...
gogal
11-03 03:49 PM
Does anyone know the benefit to go for PIO or OCI... in relation to the Indian Baby born in US..
Thankyou
Thankyou
.jpg "printable world map with")
gc_mania_03
06-24 10:00 AM
Even I am going back to school full-time with my wife on EAD with AOS pending. As far as I know there are no issues. If there are any specifics in your case, just consult your attorney.
I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.
-gc_mania_03
I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.
-gc_mania_03
more...
nixstor
08-04 01:45 PM
Green..
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
gsc999
09-05 06:13 PM
Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.
Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.
As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.
Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.
So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.
Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.
As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.
Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.
So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.
more...
gcformeornot
12-06 12:24 PM
case transfered from CSC to NSC. See signature for details.
perm2gc
06-11 12:12 PM
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
get out of box...IV core always asked people to PM if they need some information and IV core goals will not be discussed in public..
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
get out of box...IV core always asked people to PM if they need some information and IV core goals will not be discussed in public..
more...
calgirl
08-06 04:42 PM
As long as you were married before your 485 got approved, she is fine.
Follow to join will help her get her GC.
Congrats btw! Was your NC cleared?
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Follow to join will help her get her GC.
Congrats btw! Was your NC cleared?
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
gcboy442
09-12 05:01 PM
Guys
I got my receipts yesterday...My case is
I-140 (TSC)
Delivered at 10:25 on July 2nd Received by J.Barrrett..(NSC)
LUD on 08/05/2007 (I-140)
Receipts got from Texas, start with SRCXXXXX
I got my receipts yesterday...My case is
I-140 (TSC)
Delivered at 10:25 on July 2nd Received by J.Barrrett..(NSC)
LUD on 08/05/2007 (I-140)
Receipts got from Texas, start with SRCXXXXX
pappu
07-16 10:12 PM
In that case you will have to file I970 (I485+I485) :)
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.
sac-r-ten
03-03 10:28 AM
Congratulations and thanks for sharing.
cbpds
06-18 02:39 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
u never went to india since 5 years, your crazy :)
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