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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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  #1 (permalink)  
Old 04-19-2008, 11:01 PM
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Default threats from employer

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 havenīt. 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
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  #2 (permalink)  
Old 04-19-2008, 11:43 PM
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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 havenīt. 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
i think as long as you are not working for the same client after you moving to the preferred vendor you should be good. Usually non-competes are created to protect their business. this is the simple non-compete. i think there are 2 solutions in your situation.

1. If company A is doing lot of business with company B or Client. You can ask help for the vendor or client to convince A. usually A should will oblige as they might risk future business from Vendor or Client.

2. As you have already told which company you would be working for.... ask A for a raise.....

As far experience letters are concerned...... they have to give it.
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  #3 (permalink)  
Old 04-20-2008, 02:29 AM
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Default

What is the name of your employer? Atleast it will help others to be aware of them.
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  #4 (permalink)  
Old 04-20-2008, 11:19 AM
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N/A
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Arrow Dont Worry

Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.

1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.

Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.

Be bold and do this.
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  #5 (permalink)  
Old 04-20-2008, 11:32 AM
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N/A
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Default

Hi,
As far as my knowledge is concerned they cannot hold your wage amount...this is against law...They have to pay your wages completely...If you owe them they have to talk/fight (through law suit or something else) with you seperately...but that too after paying your wages...You can fight for your salary.


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 havenīt. 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
__________________
HELP IV...HELP YOURSELF
I am not an attorney. Use it at your own risk.

After 8 years........Finally Green'ed on 9th July 2010.
Thanks IV for your help and support!!!
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  #6 (permalink)  
Old 04-20-2008, 01:36 PM
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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 havenīt. 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
I work for a company which recovers expenses incurred for relocation, training, certification exam fee paid, GC expenses, etc if I choose to leave them with in one year of incurring expenses. It seems to be a common practice. Many times, these recovery is waived at the discretion of the managers.
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  #7 (permalink)  
Old 04-20-2008, 03:28 PM
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Default non compete

I would probably not worry too much about it. You probably signed a non compete not to join company B. You can save 4K in like 2-3 months. This company may have used the same tactic at multiple places. For future ref., just keep the non compete with you when you sign it.
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  #8 (permalink)  
Old 04-20-2008, 06:48 PM
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Sep-04
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Default Blood suckers

It is normal practice with all companys to do that with every change.
Even after years of slavery to them they keep doing this.

As per history they say no company won the case of Non compete agrement against employee so far in court of law.

I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.

Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.

All the best.
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  #9 (permalink)  
Old 04-20-2008, 10:23 PM
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Default thanks a lot

thanks a lot guyz for all ur replies. My only concern is can they claim the GC expenses(lawyer fee and advertisement costs involved in PERM filing) as the expenses they incurred because of me leaving the company if they file a law suit using non compete. There is no other expense relocation, training or another kind of expense that company has incurred for me(not a single penny except h1b filing). and one more thing i want to let u know is that i am workign with the same client just changed my h1b to PF. Will that be a trouble??? As i have already mentioned earlier in the agreement of company A with PF when i joined the company clearly specifies that PF can take me immediately upon my termination with company A.
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  #10 (permalink)  
Old 04-20-2008, 10:34 PM
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Nov-03
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EB3
I140 Mailed Date
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11/10/2006
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India
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Default

Report them to USCIS and blacklist them. They don't get anything by suing you. They have more to lose if you report them to USCIS.
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  #11 (permalink)  
Old 04-20-2008, 11:00 PM
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Dec-07
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kg318 is on a distinguished road
Default company A

hi guyz,

Here u go. The company name is 3i Infotech Inc. based in NJ.
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  #12 (permalink)  
Old 04-20-2008, 11:24 PM
Member
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Mar-05
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03/08/2007
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07/04/2007
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karthkc is on a distinguished road
Default Assess situation...

Quote:
Originally Posted by kg318 View Post
hi guyz,

Here u go. The company name is 3i Infotech Inc. based in NJ.
Googling the company name brings up some interesting information. The company seems to be well-established and looks like it has some ties to the federal government in terms of clientele..

I would assess the situation carefully and come up with a strategy before you take further steps...
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  #13 (permalink)  
Old 04-21-2008, 07:26 AM
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Nov-02
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obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future obviously has a brilliant future
Default Good Employer Relations

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!
________
LadiDi

Last edited by obviously; 08-28-2011 at 08:56 AM.
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  #14 (permalink)  
Old 04-21-2008, 10:27 AM
Senior Member
Priority Date
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Dec-05
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default

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.;-)
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  #15 (permalink)  
Old 04-21-2008, 11:32 AM
Junior Member
Priority Date
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Nov-06
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02/24/2007
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Default Ur fine

i guess ur fine. My collegue here won similar case in NJ. I am sure they'll pay u if u put little pressure on them. I would think twice before i report him to DOL & DHS only the reason being it might affect all other employees that are currently working for your previous company. If they don't pay u, i guess u have no choice to go for a fomal complaint.
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