sankar_203
08-04 02:51 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
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puskeygadha
07-23 03:14 PM
this is for cases which will be filed right..
cases which are audited are audited and are in the audit queues ..correct???
we are fucked
cases which are audited are audited and are in the audit queues ..correct???
we are fucked
chanduv23
10-09 08:04 PM
Wow we have
TexanMom and now Amma - two moms trying to reqruit all the highly skilled cry babies of Texas to join the group.
We are with Moms :)
TexanMom and now Amma - two moms trying to reqruit all the highly skilled cry babies of Texas to join the group.
We are with Moms :)
2011 Quotes On Life And Happiness
kannan
01-10 05:27 PM
Mine is still in CA only.no transfer and no FP
more...
gc_freedom
02-21 02:28 AM
admesystems you can apply for AP but you can not use it because you were out of status for 1 year you will not be allowed to enter US for next 10 years!
So it's of no use to you.
gc_freedom
So it's of no use to you.
gc_freedom
skdskd
08-31 01:15 PM
Vote Yes
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
more...
soni7007
09-15 12:13 PM
I am glad that some of us are positive moving fwd with this idea. There are some other threads talking about other action items (write letters etc.). I think the first thing we need to do is to join hands and then decide a game plan. We need to concentrate the total energy at one point. What do you think?
2010 Happiness Quotes to Satisfy
smuggymba
03-07 02:15 PM
Hi Smuggymba, very sorry to see you in such a situation...
These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.
These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.
more...
vparam
05-26 02:16 AM
The first round was victorious. Hopefully the second and third round does not take out the hard victory QGA & Staffers of various Senators & the Senators have got us.
Thanks to all QGA & Staffers of various Senators & the Senators .
I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.
Thanks to all QGA & Staffers of various Senators & the Senators .
I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.
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Blog Feeds
01-25 02:20 PM
Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
more...
gc_dedo
06-14 05:47 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
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Green06
08-15 01:39 PM
Guys,
What is the NSC customer service number. I could not find it on the USCIS web site.
Regards
What is the NSC customer service number. I could not find it on the USCIS web site.
Regards
more...
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desi3933
06-25 10:41 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
tattoo C.S. Lewis happiness quote –
amitkhare77
08-10 01:01 PM
I dont think so there is any wait period. I asked them after a year and they said OK we can do this. As per the admin - If I would have told them earlier they could have started much earlier. I did not ask them due to bad economy in late 2008-2009
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
more...
pictures Labels: LIFE QUOTE
kiran_k02
12-05 05:20 PM
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.
I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.
I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.
My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.
Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.
Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.
I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.
I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.
My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.
Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.
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eb3_nepa
10-03 01:44 PM
If you did not know about this, then whomever was advising you did you a disservice.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
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makeup What a wonderful life I#39;ve had
needhelp!
04-10 05:27 PM
Please continue to post bugs and suggestions.
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Joey Foley
May 17th, 2005, 06:16 AM
Thanks for the thoughts guys.
I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.
I live in Indy so now I either use these or found something in Indy to photo this week.
:confused:
I wish I could retake these but they were taking in southern North Carolina on my way back from Florida the other day.
I live in Indy so now I either use these or found something in Indy to photo this week.
:confused:
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eyeswe
09-04 02:25 PM
While I may not subscribe to the theory of no work at CIS, if most cases are pre-adj and so the dates have to move forward, I do believe that the 485 is now essentially a two step process
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
Step 1: Accepting 485, EAD, AP apps.. with the EAD and AP being optional
You need the PD date to apply to this step 1.
Then comes the prep work for Step 2 ---a spate of FP, Medical, background checks, RFE's and a ton of those beore they can say your case is waiting for Visa number...
And then ..
Step 2 : Your case is now adjudicated . When the visa number becomes available you get the magic card...
If the work for Step 2 for most of the applicants has been done .. then there is no harm in moving the PD to accept more of Step 1 apps... at least that is how my pea sized brain thinks...
They can always control Step 2 through a combo of PD, RD, ND and what not... so while several of 2006,2007 may be current again in 2010, they will only grant GC to one's who fit in their scheme of RD, ND's etc...
Just prophesizing....for 2010
sunny1000
01-22 05:13 PM
The below PDF link may be of assistance to you. You should contact the SEVP. Good luck.
http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf
Below section may be relevant:
6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
• Your school discontinues the classes/instruction for which you have contracted
• You are unable to contact school officials
• Your school officials will not assist you
Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
b. Provide SEVP the following information:
• Family name
• First name
• SEVIS ID
• Date of birth
• Form I-94 number
• Contact information, including mailing address, telephone number, and email
• School name and address
• Date you became aware of the problem
• Description of the situation (a summary; 1-2 paragraphs)
c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.
http://www.ice.gov/doclib/sevis/pdf/school_closed_17_student.pdf
Below section may be relevant:
6. If you have problems related to your enrollment with your current school and have not yet been accepted for transfer by a new school:
a. Contact SEVP immediately by email at SEVIS.Source@dhs.gov if:
• Your school discontinues the classes/instruction for which you have contracted
• You are unable to contact school officials
• Your school officials will not assist you
Note: Students from the same school and acting as a group may provide a single report to SEVP about your situation.
b. Provide SEVP the following information:
• Family name
• First name
• SEVIS ID
• Date of birth
• Form I-94 number
• Contact information, including mailing address, telephone number, and email
• School name and address
• Date you became aware of the problem
• Description of the situation (a summary; 1-2 paragraphs)
c. SEVP will assist you if you choose to enroll at another SEVP-certified school. However, the basic requirements for you to transfer or depart the United States remain the same as for all students, whether or not their school officials are supporting them.
wandmaker
01-09 01:22 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
-M
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
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