JunRN
10-08 06:29 PM
I don't believe it must be FIFO...just as what I told in the other forum.
It must be:
FIFT - First In, First Touch
and then;
FCFO - First Complete, First out
(Complete: approvable and PD current)
It must be:
FIFT - First In, First Touch
and then;
FCFO - First Complete, First out
(Complete: approvable and PD current)
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amitjoey
11-18 01:38 PM
In addition to completing the action item, set up an appointment with my Congressman for the week after next to push for this provision.
As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.
You are absolutely right!. Thanks for taking the initiative to talk to your congressman.
As stated by the more experienced folks involved with this initiative, the bottomline is that any action item should be accompanied by a grass roots effort where all our members should meet with the local congressmen/congresswoman to push for our provisions (in this case visa recapture). Coordinated action items and phone campaigns always help but we should not wait for an action item to talk to the lawmaker offices in our local districts.
You are absolutely right!. Thanks for taking the initiative to talk to your congressman.
buddyinsd
09-01 03:45 PM
ha ha...u must be some 34 yr old b**** who has been ditched by ur south indian husband and so not getting any f*** in the night and so venting out ur anger on this forum...so sad. Feel sorry for u..:)
I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....
I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....
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kkmajid
10-17 10:30 AM
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
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akhilmahajan
02-26 10:21 AM
This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.
For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.
I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.
Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.
But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.
At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.
Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.
I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.
I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.
GO I/WE GO. TOGETHER WE CAN.
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.
I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.
Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.
But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.
At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.
Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.
I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.
I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.
GO I/WE GO. TOGETHER WE CAN.
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
needhelp!
02-26 01:56 PM
With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
This in itself is a stupendous achievement and IV has made it possible. 2 or 3 years back you had NO VOICE. Now you have IV. Thats enough reason contribute and feel involved in the community effort.
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snhn
11-21 12:02 PM
Hey man. What a brave man you are. Rather then worrying about your self, you are actually concerned about your wife getting her green card. I commend you. I dont what I would have done, If I had been told this news.
your whole family will be in our prayers. I am sure you are seeking all the help you need, but right now your #1 priority should be beating this. Green card will come and go, but your health is number 1.
Where are you. I believe if you get in touch with the senator or congressmen from you state, I am sure they will help you in this matter.
Peace and take care.
your whole family will be in our prayers. I am sure you are seeking all the help you need, but right now your #1 priority should be beating this. Green card will come and go, but your health is number 1.
Where are you. I believe if you get in touch with the senator or congressmen from you state, I am sure they will help you in this matter.
Peace and take care.
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rameshvaid
11-18 08:04 AM
Done!!!!
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collkaverill
07-02 09:41 AM
If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
I mean you missed a golden opportunity because you had whole of June
to file - i know its not your fault , just stating the Fact.
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
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pani_6
12-10 08:14 AM
My concern is that if CIR does not get taken up sooner that May07...it may be postponed to 09 due to election politics being a hot potato issue...what I would suggest is that we start working from the first day the congress starts and whether through QGA or through indiviual senators try to pass just non-contraversial benefits like ability to file EAD after I-140, recapture of Visa numbers and Spouse and kid not included in the Visa numbers and intorduce this bill and try to pass it.
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those...advise all state chapters meet thier senators about these same issue(ALL members are talking the same)
Intorduce these no later than End of Jan 07 for discussion. in senate..Lets explain to them that its going on getting postponed due to the fact senators are postponing the benefits to us syaing it will be included in the CIR...and so on...they have been very sincere in delaying this intentionally....
If we need to get started on the first day of congress I suggest we start getting organozed now...
What do you guys think!!
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boreal
12-10 12:52 PM
Guys,
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
There are many more trailer-park, red-neck, f*** heads like proud american out there. We really really have to very discreet both at work and other places when we talk about various strategies, like webfax campaign, phone campaign etc.
I was going through the discussion forums of the oppt side too this week and one of the s***heads aparently overheard one of IV members asking ppl to start making phone calls to various senators/congressmen. Then he went throwing on on a barrage of insults at all Indians (i dont know why they want to single out Indians only) calling us pests and all sorts of name-calling. Then he went on to say that the good news is that these 'pests' are planning to go back to their home-lands if they dont get the 'green' soon. So he was asking everyone else to call the senators and oppose the bill. And then the ultimate thing - he says that they "have a lot of legitimate ways to make our lives miserable" in the US...Do i hear KKK there??
This is what happens when we are not discreet at work place. They claim that we are using our work hours to do personal stuff. And he felt obliged to do the same too. Obviously nobody cribs when all of us hard-workers work overtime to get things done.
Anyway, please be careful at work places, be friendly with everyone but have this in your mind that there is someone always overhearing in the next cube/office and possibly monitoring the web sites being visited (like the above guy that i mentioned, did i forget to say that he was the IT admin who was monitoring all the sites that the Indians were visiting?).
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The7zen
05-09 12:16 AM
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
Well...where are we meeting ?
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
Well...where are we meeting ?
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rajmirk
05-05 10:49 AM
The second part of that post was offensive, but come-on guys - have to admit that the first part was just hilarious!!
'Can Uma Thurman help with the SKIL Bill' ... hehehehehe
'Can Uma Thurman help with the SKIL Bill' ... hehehehehe
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newuser
07-20 12:18 PM
I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.
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saturnring11
07-22 06:53 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
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reedandbamboo
09-13 11:38 PM
I share your concerns .. please join us in first trying the non-legal way .. we have a letter composed and we are going to send it out on monday .. check out the thread "Lets get organized"
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adobe howm
08-08 01:07 PM
I got the e-mail saying that they have mailed my 485 approval notice on August 4 - but nothing after that - will the notice come to me at home or will it go to the lawyer - also how long before the card production e-mail gets here - not that I am in a tearing hurry - I have waited several years so what is another month ?
Thanks
I can tell you - based on my observation from folks who have received the card before, within 7-10 days your card should be on its way to your HOME not LAWYER.
Thanks
I can tell you - based on my observation from folks who have received the card before, within 7-10 days your card should be on its way to your HOME not LAWYER.
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SDdesi
02-14 09:54 PM
Contributed $100 (6J641736D3197961L)
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sanju
10-09 01:39 PM
I gave more points to PD month than experience month.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let�s keep only PD as only preference.
ok then, PD it is, going 1, 2 3..... done!
From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.
If you think its more complexes then I will go with PD only.
New PD means either you are new in US or you dint applied or you got laid off. What ever is the reason of new PD, you or your luck are involved so only you should be responsible. My previous PD was Jul, 2003 with EB2 but INC canceled my company�s LC in group because my company didn�t apply from co-operate office and there was no one in office during INC raid. Later my company applied LC from co-operate office and I got new PD. Even though It would be unfair to talk about experience because some how my or me are involved here.
So let�s keep only PD as only preference.
ok then, PD it is, going 1, 2 3..... done!
From now on, the via numbers will be allocated based on priority dates because 'Few good men' said it on this thread.
zoooom
07-19 07:39 PM
Done
Also..How can we let other members know that a thread like this exists...
Also..How can we let other members know that a thread like this exists...
kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
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.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
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.
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