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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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  #76 (permalink)  
Old 04-25-2008, 11:44 AM
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Priority Date
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Dec-07
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[quote=aquarianf;242737]
Quote:
Originally Posted by kg318 View Post

Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.

the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
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  #77 (permalink)  
Old 04-25-2008, 11:54 AM
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Priority Date
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Oct-05
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good luck with your effort. I hope it resolves smoothly. I think the employer will budge once he sees the notice from the attorney.

sometimes the employer needs to be pushed too.
__________________
-------------------------------------------
*********************************
PD : EB2 - India - 02/2003
I140 -
Received Date 07-02-07
Approval Date 01-30-08
I485(me and spouse) -Received Date 07-02-07
RFE 02-05-08
RFE response Received Date -03-20-08
Soft LUD 3-21-2008
Soft LUD 3-24-2008
Soft LUD 3-25-2008
i485 approval card production ordered -4/3/2008
i485 card received - 4/9/2008
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  #78 (permalink)  
Old 04-25-2008, 12:16 PM
NKR NKR is offline
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Priority Date
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Aug-04
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Quote:
Originally Posted by kg318 View Post
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
.

Dude, I do not know who has given you red dot, you certainly deserve more green dots. I too think the same, if the company had to sue you for violating non-compete, they could have done it anytime, why are they threatening you when you ask for your salary. Either they do not have a non-compete agreement that they say you have signed (since you are not sure about it) or the non-compete has become invalid over a period of time or it does not hold water.
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  #79 (permalink)  
Old 04-25-2008, 12:42 PM
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Priority Date
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Oct-05
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I140 Mailed Date
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India
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Quote:
Originally Posted by NKR View Post
Dude, I do not know who has given you red dot, you certainly deserve more green dots.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
__________________
-------------------------------------------
*********************************
PD : EB2 - India - 02/2003
I140 -
Received Date 07-02-07
Approval Date 01-30-08
I485(me and spouse) -Received Date 07-02-07
RFE 02-05-08
RFE response Received Date -03-20-08
Soft LUD 3-21-2008
Soft LUD 3-24-2008
Soft LUD 3-25-2008
i485 approval card production ordered -4/3/2008
i485 card received - 4/9/2008
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  #80 (permalink)  
Old 04-25-2008, 12:50 PM
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Priority Date
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Mar-04
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EB3
I140 Mailed Date
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01/11/2006
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India
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I-140+I-485
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08/06/2007
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Default Employers

Most of the desi employers in this country have gone thru the same H1B and GC process and got all bad experience. BUT when they start their own company, MOST OF THEM (NOT ALL OF THEM) do the same..... Employer should treat employees, the same way they are expecting to be treated as an employee.. In a long run, Employers with good ethics and practices makes more money and reputation.. The releationship goes longer only if employer and employee both benefits from it.. Isn't it simple to understand and put it into the practice ?
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  #81 (permalink)  
Old 04-25-2008, 01:57 PM
Junior Member
Priority Date
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Dec-07
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I140 Mailed Date
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India
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Quote:
Originally Posted by NKR View Post
Dude, I do not know who has given you red dot, you certainly deserve more green dots.


hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
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  #82 (permalink)  
Old 04-25-2008, 02:08 PM
NKR NKR is offline
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Priority Date
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Aug-04
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I140 Mailed Date
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I485 Mailed Date
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08/05/2007
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Quote:
Originally Posted by kg318 View Post
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.
I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.
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  #83 (permalink)  
Old 04-25-2008, 02:18 PM
Junior Member
Priority Date
:
Dec-07
Category
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EB2
I140 Mailed Date
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Chargeability
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India
Processing Stage
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Labor Certification
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Join Date: Apr 2008
Posts: 14
kg318 is on a distinguished road
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Quote:
Originally Posted by NKR View Post
I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.
Thanks a lot man.
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  #84 (permalink)  
Old 04-25-2008, 02:50 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
08/10/2007
Chargeability
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India
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I-140+I-485
I485 Mailed Date
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08/10/2007
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[quote=kg318;242627]
Quote:
Originally Posted by gcbikari View Post
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.
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  #85 (permalink)  
Old 04-25-2008, 04:41 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
07/02/2007
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India
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I-485
I485 Mailed Date
:
07/02/2007
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I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
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  #86 (permalink)  
Old 04-25-2008, 06:44 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
10/15/2006
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
07/19/2007
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MightyIndian is on a distinguished road
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Quote:
Originally Posted by pd_recapturing View Post
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.

I think most of us desis consider other desis to be inferior and treat them so.
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  #87 (permalink)  
Old 04-25-2008, 09:26 PM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
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Quote:
Originally Posted by MightyIndian View Post
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.

I think most of us desis consider other desis to be inferior and treat them so.

Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.
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  #88 (permalink)  
Old 04-25-2008, 09:28 PM
NKR NKR is offline
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
08/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/05/2007
Compare
Join Date: Jan 2008
Posts: 577
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Default

Quote:
Originally Posted by kshitijnt View Post
Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.

Yes, he will recover it and say that he never got paid so he can keep all that to himself.
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  #89 (permalink)  
Old 04-26-2008, 10:29 AM
Senior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Default Clause and Lessons learnt

Lets not get sucked into it..

1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.

2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.

Lessons learnt

1) Why the hell did you sign the agreement without looking at these clauses ?

2) Why din't you have a copy of the agreement with you ?

I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.

But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
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