andycool
04-23 02:49 PM
I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
I think your Employer is trying to scare you ...:)
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor’s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client’s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant’s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week’s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
I think your Employer is trying to scare you ...:)
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maximus777
09-16 03:20 PM
done
jambapamba
07-20 07:53 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
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amitga
02-09 08:01 PM
One day we will also get notice to leave US, just like doctors in UK have got.
more...
prioritydate
07-25 11:11 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
javadeveloper
09-27 04:30 PM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I have same issue:
My paralegals response:
He gave USCIS's Ph# and asked me to call them
USCIS's response:
Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.
Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I have same issue:
My paralegals response:
He gave USCIS's Ph# and asked me to call them
USCIS's response:
Don't worry , during 485's approval time USCIS will find that I have two A#'s and consolidate those two numbers.
Now as per other members , do I need to raise this issue with IO at the time of Finger printing??? If we do what we can expect from IO at FP office?
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TheCanadian
11-26 12:58 AM
Yours is sweet by the way.
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Rajeev
11-26 02:54 PM
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
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phillyag
05-30 04:43 PM
2. I140 receipt
3. I485 receipt
Would photocopies do for the above 2 docs ?
3. I485 receipt
Would photocopies do for the above 2 docs ?
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ncgc2005
10-15 01:43 PM
I am in the same boat. I have recieved my 2nd EAD with wrong dates (validity dates same as my 1st EAD). Called USCIS and was told to fill out I-765 and along with the card and send it back to service center (w/o any fees).
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
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bluez25
07-16 01:58 AM
i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.
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Rockford
07-17 02:44 PM
--
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
You will be proved biggest idiot when what you believe today is turned out to be wrong tomorrow. Who are you , a thread czar ?
If you don't like it, just move on.
That was an excerpt from some one then, but now I believe things are going south. Just don't make judgments about others without knowing every thing.
I couldn't help post a reply. I was trying not to add to the buzy server traffic.
Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.
Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.
You will be proved biggest idiot when what you believe today is turned out to be wrong tomorrow. Who are you , a thread czar ?
If you don't like it, just move on.
That was an excerpt from some one then, but now I believe things are going south. Just don't make judgments about others without knowing every thing.
more...
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aph0025
11-12 01:13 PM
sure. i will PM you.
I got it, thanks a ton.
Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?
I got it, thanks a ton.
Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?
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optimystic
03-19 03:13 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
Sure, but Nebraska, where my case is at, has a processing date of July 30 07, same as my receipt date. So I assume they must be processing cases that are filed on the same day as mine at this point. So at the most the number of cases before mine is the total number of cases filed on the same day as mine at the Nebrasks service center , right? I mean it could still be a huge number of cases, but they have been on July 30 date for almost a month now. I hope they are getting close to my case.
On a side note, do these Processing dates also retrogress? When are they updated? Along with Visa bulletin updates?
Sure, but Nebraska, where my case is at, has a processing date of July 30 07, same as my receipt date. So I assume they must be processing cases that are filed on the same day as mine at this point. So at the most the number of cases before mine is the total number of cases filed on the same day as mine at the Nebrasks service center , right? I mean it could still be a huge number of cases, but they have been on July 30 date for almost a month now. I hope they are getting close to my case.
On a side note, do these Processing dates also retrogress? When are they updated? Along with Visa bulletin updates?
more...
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jonty_11
01-18 01:05 PM
No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
did u call 18003755283....and given them this receipt number...
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
did u call 18003755283....and given them this receipt number...
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zephyrr
07-16 11:51 PM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
wonder why different attorneys have different requirements
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jackrabbit
04-09 01:32 PM
I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.
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vbkris77
04-22 11:20 PM
First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
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chanduv23
08-01 09:49 AM
Please note the reponse I got from service center to a query sent by the senators office
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
fuzzy logic
07-01 10:22 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
capriol
04-15 03:11 PM
zCool,
Thank you so much, now I can make travel plans. Sincerely.
Thank you so much, now I can make travel plans. Sincerely.
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