andycool
04-23 02:49 PM
I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
I think your Employer is trying to scare you ...:)
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
I think your Employer is trying to scare you ...:)
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jambapamba
07-20 07:53 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
sobers
05-31 06:20 PM
thanks for the link jkays94. I have known FAIR and NumbersUSA anti-immigrant position for a long time know. That they are a near-permanent fixture on Dobbs show only confirms this.
My point in posting this was to illustrate that immigration (pro or anti) lobbying organizations are well-oiled machines, having their own full-time Capitol Hill staff and professionally run fundraising capabilities.
Looking at all this, it is all the more commendable what IV-QGA has achieved in S 2611 (altho to be honest our provisions are not controversial, the rabidly anti-immigrant stance has even made passage of those modest provisions recapture of unused visa numbers and filing of 485's- difficult).
My point in posting this was to illustrate that immigration (pro or anti) lobbying organizations are well-oiled machines, having their own full-time Capitol Hill staff and professionally run fundraising capabilities.
Looking at all this, it is all the more commendable what IV-QGA has achieved in S 2611 (altho to be honest our provisions are not controversial, the rabidly anti-immigrant stance has even made passage of those modest provisions recapture of unused visa numbers and filing of 485's- difficult).
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drirshad
08-13 03:31 AM
He is gone .............
more...
krishgreen
04-26 01:54 PM
Hi,
I have a appointment for H1B Visa stamping at Matamoros on May 27th. Just checking to see if anybody went for H1B Visa stamping at Matamoros lately and would like to share the experiences.
Thanks.
I have a appointment for H1B Visa stamping at Matamoros on May 27th. Just checking to see if anybody went for H1B Visa stamping at Matamoros lately and would like to share the experiences.
Thanks.
basav
08-04 07:58 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
more...
aph0025
01-20 03:02 PM
Hi Amul,
Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.
Update:
I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.
Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.
Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.
Update:
I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.
Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.
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wandmaker
11-04 01:49 PM
You will not be able to get a original document from lawyer/company. if you have maintained a good relationship with the lawyer/company, you can request a copy of it.
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
more...
msp1976
01-31 06:03 AM
If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Yeah..
In fact the act of withdrawing also costs money which many employers would not be willing to pay...
Good one....Never thought of it this way...
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Yeah..
In fact the act of withdrawing also costs money which many employers would not be willing to pay...
Good one....Never thought of it this way...
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peer123
04-10 10:41 AM
I am not sure how to set up a poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
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Kodi
07-22 09:56 AM
I thought USCIS won't issue EAD without FP. Its not true?
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ash0210
06-28 04:15 PM
You already goofed with Independence day of India..Now you are eyeing on Geeta...!!
Oh man, I am enjoying...!!!
Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.
Oh man, I am enjoying...!!!
Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.
more...
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simple1
07-26 04:24 AM
In India 3 year grad are arts, humanities, science, management and accounting.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.
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nlalchandani
05-29 11:09 AM
Is there any specific time the appointments show available..IST or CST..Maybe they have a batch job that runs and makes appt available ..
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cram
09-22 01:08 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
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Bpositive
01-05 12:12 PM
Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...
Anyone?
Anyone?
more...
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chessboard
12-08 03:14 AM
congratulation to all winner... especially to winner who use the "stargate" background and put the text only...
nice contest.....
nice contest.....
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vxg
01-02 09:35 AM
I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
Happy New Year!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
Happy New Year!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
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saibaba
07-16 06:03 PM
wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....
nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
pooja_34
10-14 04:17 PM
You will get your new AP by end of Dec - so you should be fine!
Hi all,
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
Hi all,
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
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