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.
wallpaper I Miss You Boo Lyrics.
Dhundhun
07-12 01:40 AM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.
It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.
So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.
It may be better for young graduates. If you have 15+ years experience better to explore more.
This is based on personal experiences.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.
It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.
So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.
It may be better for young graduates. If you have 15+ years experience better to explore more.
This is based on personal experiences.
meridiani.planum
11-30 07:19 PM
I am really sorry to hear your situation...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
Post a link...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
Post a link...
2011 MY COUSIN BOO BOO I MISS YOU SO MUCH.
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chand11
08-22 10:30 AM
Here is the details:
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
more...
mariner5555
05-01 02:51 PM
Didn't Logfren ask that question to USCIS during last July?
no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?
no idea actually ..did she get a reply ? ..yes. I remember something like this was posted ..does anyone have the figures ? last year EB3 - I got 19,000 ..visas ..that is correct, right ?
sankap
07-10 02:51 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
more...
drirshad
08-19 03:23 AM
Indeed we are IT professionals, the billing stops our brain stops ......
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
2010 miss you boo. I miss you
vij
06-14 02:36 PM
Did any one filed on june 1 and still waiting for RD notice
more...
h1bmajdoor
07-08 05:07 PM
In Fox News this afternoon, the senator has explicitly said that the Chicago lady does not have any "constituional rights" since she is not American citizen. Go figure what they think about us.
she can say whatever. the courts have to agree.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
she can say whatever. the courts have to agree.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
hair Lyrics ----- [Intro:] I need
sm104
11-17 04:01 PM
Done!
more...
ramus
07-07 10:44 PM
Understand your point and agree too. But Monday is busy for everybody including me. I do want to participate and so are my other friends but Monday ior wednesday is just not good for us.
But other then that we can make it any day. I am sure more people will do it on Friday morning..
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
But other then that we can make it any day. I am sure more people will do it on Friday morning..
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
hot Chorus:Do I miss you?all the
ramus
07-07 10:44 PM
Understand your point and agree too. But Monday is busy for everybody including me. I do want to participate and so are my other friends but Monday ior wednesday is just not good for us.
But other then that we can make it any day. I am sure more people will do it on Friday morning..
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
But other then that we can make it any day. I am sure more people will do it on Friday morning..
I recommend a Monday to a Friday. Most of the media/office folks will take friday off as well like you and me. Media will be fresh on monday and people will get good E fares to fly out into DC on Saturday and fly out on Monday night/Tuesday early morning (if at all some one comes out of town). Also forget the 1000 number. We can have a good impact if we have 300+ members and families. When you put a poll out there, have 2 options for sure
a) I will come to DC on any day at any cost to attend this rally.
b) I want to come but I dont know how it will work out, when the day comes.
more...
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lsbk
10-12 04:10 PM
Hi everyone,
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
Very sorry guys!!But all the information that I got from lawyer's office was wrong. They did not send my I-485 on July 2nd as I thought. When I got the receipts the received date was July 20th. Receipts are from Texas. I hope you all get your receipts soon.
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
Very sorry guys!!But all the information that I got from lawyer's office was wrong. They did not send my I-485 on July 2nd as I thought. When I got the receipts the received date was July 20th. Receipts are from Texas. I hope you all get your receipts soon.
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f16mav
11-19 08:04 AM
Just sent in mine.
more...
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ajaykk
08-26 10:38 PM
No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.
Thanks,
Sina
Even my spouse got card production ordered email. Good Luck to you.
Thanks,
Sina
Even my spouse got card production ordered email. Good Luck to you.
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punjabi
12-17 02:18 PM
Hi friend,
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I understand your situation. You can do two things:
1. Watch a recent documentary movie "The Secret" (you can rent it from Blockbuster and Netflix)
2. Donate at least $100 to IV.
Good luck.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
more...
makeup I Miss You Boo Monsters
coopheal
09-23 05:18 PM
Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.
Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?
Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?
girlfriend I miss and will miss you always this is for you Boo.
vivache
03-11 10:37 PM
I've seen some posts here and people complaining that the GC process has a stranglehold on their lives.
I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.
But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
But at the end of the day it is your life ..
Simple options are:
1. Wait .. since there is no other alternative
2. Push through IV activities .. so that you are involved
3. Check some other country ..
4. Go back to India. (not saying in a bad way)
At the end of the day .. peace of mind is more important.
The only reason 99% of the people are here is becuase 1$=44.5Rs.
Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .
There are always answers.
I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.
I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.
But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
But at the end of the day it is your life ..
Simple options are:
1. Wait .. since there is no other alternative
2. Push through IV activities .. so that you are involved
3. Check some other country ..
4. Go back to India. (not saying in a bad way)
At the end of the day .. peace of mind is more important.
The only reason 99% of the people are here is becuase 1$=44.5Rs.
Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .
There are always answers.
I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.
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vactorboy29
11-21 04:22 PM
I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
maag
05-30 12:12 PM
Thanks Marty for all the advice.
senthil1
06-28 04:16 PM
What you can do if a company does not advertise but only hiring US citizens or GC holders and avoid all others? Many Indian companies are only hiring H1bs or Indian origins without ads. In USA all the hiring are at will basis. To resolve this fast try to get green card quickly. You will have preference over H1b holders. Instead of fighting individually with companies better to fight collectively to pass recapture bill or green card bill to get GC fast. You need to get multiple legal opinion whether those advertisements are legal. There may be some exceptions according to law.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
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