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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #16 (permalink)  
Old 04-21-2008, 04:34 PM
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Quote:
Originally Posted by kg318 View Post
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven´t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.
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  #17 (permalink)  
Old 04-21-2008, 04:50 PM
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Default Get it in writing

Here is what you do,

1. Do not talk to them on phone
2. Send them a letter stating keeping your salary is against law. If they think you owe them the money, send you a letter explaining why they think the money is owed and how much, state that filing of labor is a cost to the company and not to the employee as per DOL
3. Give them a time limit of 30 days.
4. Ask them to send all the correspondence to your home address.
5. Send them a letter with some kind signature rcpt.

Wait and see, If they have a real claim then they will respond to you otherwise they will send your money.
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  #18 (permalink)  
Old 04-21-2008, 05:40 PM
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Default Careful

I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
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  #19 (permalink)  
Old 04-22-2008, 12:31 PM
Senior Member
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Quote:
Originally Posted by obviously View Post
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

Sabre rattling might get you out of this one, but the world still remains a small place!
I agree with this post. Solve this amicably. Non-compete clause is a strong one and is one-sided.

If you are worrying about 4k you are worrying on the wrong thing. You need to worry about the non-compete.
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  #20 (permalink)  
Old 04-22-2008, 12:48 PM
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Quote:
Originally Posted by kg318 View Post
hi guyz,

Here u go. The company name is 3i Infotech Inc. based in NJ.
As far as I know this is a genuine company and not a typical small desi company.
Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

As far as experience letter, they have to give it.

Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.
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  #21 (permalink)  
Old 04-22-2008, 12:51 PM
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Dec-03
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Default

Non-compete are notoriously hard to implement. Most of the courts don't want to prevent people from earning a livelihood. When Microsoft sued its ex-employee who joined Google, it was a rare exception when any company even bothered to sue for a non-compete.

The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.

If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.

If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
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  #22 (permalink)  
Old 04-22-2008, 01:44 PM
NKR NKR is offline
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Default

I understand if the companies want to protect their business. Let’s say that X works at a client place through a vendor. X’s employer has an agreement with the vendor which says that he cannot employ his employee, the vendor has an agreement with the client which says that they cannot take X through another vendor.

My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn’t have freedom to move around and be with the same client.
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  #23 (permalink)  
Old 04-22-2008, 02:29 PM
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JA1HIND will become famous soon enough JA1HIND will become famous soon enough
Default of course it is desi

Quote:
Originally Posted by pointlesswait View Post
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...

in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!!

http://www.h1b.info/lca_search.php
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  #24 (permalink)  
Old 04-22-2008, 03:21 PM
Senior Member
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Default

Quote:
Originally Posted by kg318 View Post
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven´t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs
Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.

http://www.news.com/Body-shop-must-p..._3-256477.html

Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "

http://www.murthy.com/news/n_filrem.html
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  #25 (permalink)  
Old 04-22-2008, 03:28 PM
Member
Priority Date
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Oct-03
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01/15/2007
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India
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Default Be Bold...

If I were in a similar situation, I would be leaning towards taking some action so that they know that they cannot step over the rights.. If they employ a person, pay him as per the law. If they decide to file for GC, then the employer needs to pay for it, per the law.

The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.

I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.
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  #26 (permalink)  
Old 04-22-2008, 04:16 PM
Senior Member
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Oct-05
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Default

Quote:
Originally Posted by Gravitation View Post
Non-compete are notoriously hard to implement.

Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
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I140 -
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RFE 02-05-08
RFE response Received Date -03-20-08
Soft LUD 3-21-2008
Soft LUD 3-24-2008
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  #27 (permalink)  
Old 04-22-2008, 04:53 PM
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Default

Miss obviously,
either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.

I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.

Quote:
Originally Posted by obviously View Post
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

Sabre rattling might get you out of this one, but the world still remains a small place!
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  #28 (permalink)  
Old 04-22-2008, 06:13 PM
Junior Member
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kg318 is on a distinguished road
Default threatening others as well.

Quote:
Originally Posted by nitkad View Post
As far as I know this is a genuine company and not a typical small desi company.
Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

As far as experience letter, they have to give it.

Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.
i haven't signed anything related to GC filing. even it came as a surprise to me that the company is making such a big fuss for the matter of $4000. And recently came to know that its not just me but there are several other consultants being harassed by them upon leaving the company. Even after years of working with them, they still want to have them hooked and are depriving the cosultants of better living. how justified is that????
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  #29 (permalink)  
Old 04-22-2008, 06:37 PM
Junior Member
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kg318 is on a distinguished road
Default

Quote:
Originally Posted by vinabath View Post
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
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  #30 (permalink)  
Old 04-22-2008, 09:06 PM
Senior Member
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Default here is what to do

Quote:
Originally Posted by kg318 View Post
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!

After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.

employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.

Last edited by kshitijnt; 04-22-2008 at 09:21 PM.
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