ivgclive
10-29 01:53 PM
Because,
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
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.
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
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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solaris27
05-18 08:35 AM
I did it myself.
Don't waste money for any lawyers .
its very simple .
Don't waste money for any lawyers .
its very simple .
GMKrishna
05-04 09:12 PM
I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV�s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV�s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
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gc_peshwa
11-17 11:18 AM
I think its a wise move on IV's part to keep all lobbying and campaigning efforts private. That way the NumbsersUSA and other anti's can not sniff what IVians are upto. Keep up the good work. Someone at the top (God!!) is watching your hard work and you will be rewarded soon.
more...
itstimenow
08-08 01:50 PM
Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.
Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????
Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????
webm
12-15 08:55 PM
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
I thought you got second FP notice..now i got your point..that you have received FP notice with some sort of stamp after your FP was done..but I dont think they sent this type of notice to everyone/rarely..
I thought you got second FP notice..now i got your point..that you have received FP notice with some sort of stamp after your FP was done..but I dont think they sent this type of notice to everyone/rarely..
more...
number30
04-25 01:57 AM
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
It might be application you made for registering the marriage. I googled it and got this result
http://www.karigr.org/download/hindu%20marriage%20forms.pdf
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
It might be application you made for registering the marriage. I googled it and got this result
http://www.karigr.org/download/hindu%20marriage%20forms.pdf
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Radhika
10-01 01:46 PM
I have similar question. My visa on the passport has expired in Dec 2005. But we have valid h1 extention approval. what I have to select for the question "Are you applying for same visa class that expired in the last 12 months?"
'yes' or 'No ' for this question.
If I select 'no' it is not showing any appointments dates :confused:
'yes' or 'No ' for this question.
If I select 'no' it is not showing any appointments dates :confused:
more...
rajnag21
07-17 05:24 PM
Hi,
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).
My request to all IV members is to give me some advice that I can pass on to him.
Please help !
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eb3_nepa
01-15 11:29 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
Coz the illegals are already HERE and form a GREAT voter base. These are people who are not very educated (most barely have any education), they band together and can be easily influenced. That makes them an EXCELLENT source of future votes. Educated folks like us can see through the nonsense that politicians promise. Also it is a simple numbers game: LESS than 1 million legal immigrants v/s 13 million Illegal immigrants.
Do we still wonder why?
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
Coz the illegals are already HERE and form a GREAT voter base. These are people who are not very educated (most barely have any education), they band together and can be easily influenced. That makes them an EXCELLENT source of future votes. Educated folks like us can see through the nonsense that politicians promise. Also it is a simple numbers game: LESS than 1 million legal immigrants v/s 13 million Illegal immigrants.
Do we still wonder why?
more...
WaitingYaar
01-18 08:54 PM
which category?
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nareshg
12-15 07:40 PM
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
more...
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Lisap
08-02 04:21 PM
I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
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swartzphotography
March 5th, 2007, 09:54 AM
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