kg318
04-22 09:44 PM
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.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
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.
thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.
wallpaper Avril Lavigne - New Album
satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
zoooom
07-19 08:50 PM
$100 from me.
Rahul :)
Thanks!!
Rahul :)
Thanks!!
2011 Avril Lavigne - Goodbye
minimalist
07-26 12:18 AM
If I am not wrong, it is more to do with a rule interpretation change by USCIS.
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
Insuppose the most feasible solution for the ones that are really bothered and have a chance is to do a EB2 porting. EB3 is like the slow lane. EB2 also used to be like that but benefited from the change in spillover.
EB3 best chance is to have the Visa Recapture which is already being pursued or have some other legislative fix.
----
Not a lawyer.
EB3 May 2006
Contributed $100
more...
swissgear
08-25 04:34 PM
No approvals today? Whats going on???
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
immigrationmatters30
07-22 08:17 AM
Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.
more...
SleeplessinSeatle
11-21 09:08 AM
Mehul,
I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.
I wish you all the best. Miracles do happen and I know that many people have lived to tell the tales of cancer survival. Keep your spirits high.
2010 Album goodbye lullaby by avril
gcForV
07-09 09:47 PM
Please do find if U need permission from local law enforcement before holding the protest.
more...
willwin
07-28 11:33 AM
1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!
hair Avril+lavigne+goodbye+lullaby+deluxe+album+cover Punkavril lavigne
qasleuth
02-12 02:28 PM
You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
As kumar pointed out, no need to be ultra harsh. Now let it go...bye.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
As kumar pointed out, no need to be ultra harsh. Now let it go...bye.
more...
prom2
09-08 04:40 PM
Hello All,
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
No, I-485 and EAD have different numbers and status
Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.
My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.
Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?
Thanks and good luck to all.
No, I-485 and EAD have different numbers and status
hot Avril Lavigne was huge in the
meimmi
04-23 10:42 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
more...
house Avril Lavigne Goodbye Lullaby
akhilmahajan
02-12 08:25 PM
Thanks a lot everyone.
Grand Total - $1805
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1805
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
tattoo goodbye lullaby album art,
jaggubhai
08-12 08:45 AM
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.
Same set of events for me as well
485: Received CPO email for self and spouse: 8/4/8
485: Received email welcoming new PR: 8/5/8
485: Received email for approval notice sent: 8/8/8
Also
485: Received welcome letter for both: 8/9/8
Still waiting for the cards
Same set of events for me as well
485: Received CPO email for self and spouse: 8/4/8
485: Received email welcoming new PR: 8/5/8
485: Received email for approval notice sent: 8/8/8
Also
485: Received welcome letter for both: 8/9/8
Still waiting for the cards
more...
pictures images avril lavigne goodbye
Ram_C
11-06 02:09 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
dresses Avril Lavigne #39;Goodbye
delax
07-27 07:58 PM
Seems like You are not waiting for GC for more than 8 years. You have not been separated from ur family for more than 3 years. Thats why you don't agree with EB3-I fight. Look at the PD for last 3 years. EB3-I is stuck in 2001 since early 2005. It has not moved in last 3 years and you are saying People should keep quiet about it. How selfish of you.
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
more...
makeup Avril+lavigne+goodbye+
cjain
11-01 05:18 PM
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
So what? I-140 was "approvable" but now employer revokes it and therefore 485 denial becuase 180 days have not been passed. And that is why one never should even try to use AC21 before 180 days period. Even I-140 is already approved, revocation of it will initiate 485 denial.
girlfriend lavigne goodbye lullaby
anzerraja
07-20 12:56 AM
hmehta Thanks Very much !!!
I pledge to contribute $100.
I pledge to contribute $100.
hairstyles Avril+lavigne+goodbye+lullaby+deluxe+album+cover
needhelp!
09-16 12:00 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
chanduv23
09-14 10:59 AM
Opening threads and then burying them deep like any other thread does not help us.
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
Thousands of threads were opened like this and everyday we see new threads.
I strongly recommend
(1) Update your profile with true information
(2) Pledge with honesty
(3) Join a state chapter and make yourself visible and available to IV.
We can go from there
There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on
I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.
Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff
mwin
08-28 01:41 PM
Looks like they are processing EAD and AP (in the mail room itself:) ) along with receipts. No point in touching the same application twice or thrice. If you get a receipt then you should also get EAD and AP:):).
It's very frustrating.. TSC is sitting on our application or what? Approx 30K application are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad::mad::mad:
It will approx 60 days since filing and still waiting for Receipt. What a heck..
It's very frustrating.. TSC is sitting on our application or what? Approx 30K application are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad::mad::mad:
It will approx 60 days since filing and still waiting for Receipt. What a heck..
No comments:
Post a Comment