kg318
04-23 10:00 PM
Your case is not very clear..How can attroney can advice without reviewing the non-compete agreement?
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
Non-compete Agreements in New Jersey
Should you sign that non-compete agreement?
It has become fashionable for employers of all types and sizes to require their employees to sign non-compete agreements. These agreements range from very narrow to very broad in scope. A non-compete may bar you from working for a competitor, using or disclosing trade secrets or other confidential information, soliciting customers or recruiting the your employer�s customers. These restrictions generally last from a few months to a few years. Because signing such an agreement can severely restrict your future employment options, you (and your attorney) should review it closely before doing so.
Can you be fired for refusing to sign that non-compete agreement?
Yes, according to the Supreme Court of New Jersey. See Maw v. Advanced Clinical Communications, 179 N.J. 439 (2004).
Will a New Jersey court enforce your non-compete agreement?
Do not make the mistake of thinking that you can sign an agreement and ignore it later. New Jersey Courts routinely enforce non-compete agreements that are �reasonable� in scope. A non-compete agreement will generally be considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
What will happen if you have signed a non-compete agreement that is not �reasonable�?
If the geographic and temporal restrictions in your non-compete agreement exceed the boundaries necessary to protect your employer, a New Jersey court may modify the agreement by reducing those restrictions to make the agreement reasonable. See Solari Industries v. Malady, 55 N.J. 571 (1970).
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
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satyakb
02-21 09:38 PM
Contributed $50.00
Transaction ID for this payment is: 1JR0904727135042B
Immigrationvoice.org support is very appreciated.
Transaction ID for this payment is: 1JR0904727135042B
Immigrationvoice.org support is very appreciated.
jfredr
08-13 02:14 PM
chek the front log dates announced as of August 10th
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
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keshtwo
08-13 08:09 PM
It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......
Nonsense. once its in, its in. Or they will be facing another lawsuit.
Nonsense. once its in, its in. Or they will be facing another lawsuit.
more...
chandarc
11-19 01:51 PM
Done.
GCStatus
09-16 05:41 PM
This is the first time I think, it is worth to contribute.
99.99% going back to India but still ready to contribute for this cause.
See if we can do something at international level.
Be in major news. Show them what US is doing with immigrants.
Taking money with all for all citizen cause and not giving single benefit.
Most eligible country for filing Bankruptcy.
This is what we like to hear !. Please send your name, e-mail and ph# to man-woman-and-gc who maintains details for us.
99.99% going back to India but still ready to contribute for this cause.
See if we can do something at international level.
Be in major news. Show them what US is doing with immigrants.
Taking money with all for all citizen cause and not giving single benefit.
Most eligible country for filing Bankruptcy.
This is what we like to hear !. Please send your name, e-mail and ph# to man-woman-and-gc who maintains details for us.
more...
ksam75
07-02 09:57 AM
Attorney shipped the package on June 29th. This is what the FedEX website says:
7:40 AM At local FedEx facility LINCOLN, NE
7:40 AM At local FedEx facility LINCOLN, NE
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anzerraja
07-20 02:36 AM
Here is the spreadsheet link to see the update as of July 19th 2007 12.00 AM.
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Awesome !!!
Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.
This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.
Thanks all of you !!!
TOGETHER WE CAN GET THIS DONE TODAY.
http://spreadsheets.google.com/ccc?key=p96kObnZMpVWFczU3Fn9GTQ&hl=en
Awesome !!!
Please note that some of the members who have pledged have not yet filled the amount yet, so those are blanks. They will be filled in, once the members quote the pledge amount.
This is amazing that the news about this thread has not yet reached all the other members and still the response is very very good.
Thanks all of you !!!
TOGETHER WE CAN GET THIS DONE TODAY.
more...
simple1
05-01 02:16 PM
FB2A which is not very far behind.
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
I know Spouse's PD will be same as Primary's PD . But good for people who filled 485. If person has latest PD let says Aug 2007 (Eb2 india ) .. Under Eb category he may be able to file 485. But dependent may not be able to file 485 as Family quota is backlogged. Family quota also has PD and category. Under which category spouses of primary will fall ? F2A ? F2B ? do you know this ?
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ArunAntonio
07-06 05:26 PM
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
more...
eb3_nepa
07-05 10:58 AM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
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priderock
06-27 04:12 PM
I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
I agree , and if the cost of leaving this stupid employer is just $10K, I would gladly pay and have some peace of mind.
Also don't make decissions based on the current provisions/laws only. It is safe to assume you are going to be with your employer (who filed your GC) until you get your GC. You make a decision assuming that you can use AC21 after 6 months, but what happens if they remove AC21 in two months ??? People got burned when they assume status quo with the laws/provisions and they subsequently change.
If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..
1. There was no concurrent filing of I-140/485
2. There was no premium processing for Labor
3. There was no premium processing for I-140
4. There was no AC-21, so there is no way of switching jobs..
Still it used to take 4-5 years to get a GC.
And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..
Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS
Your greed will ruin you in future, just like you are cursing your employer's greed..
Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..
I agree , and if the cost of leaving this stupid employer is just $10K, I would gladly pay and have some peace of mind.
Also don't make decissions based on the current provisions/laws only. It is safe to assume you are going to be with your employer (who filed your GC) until you get your GC. You make a decision assuming that you can use AC21 after 6 months, but what happens if they remove AC21 in two months ??? People got burned when they assume status quo with the laws/provisions and they subsequently change.
more...
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vijinanda
11-21 09:47 AM
Very sorry to hear this, my prayers are for you and your family, Hope it will turn out to be false and you will recover soon.
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geve
11-17 04:49 PM
Thanks to IV and it's core members.
I just completed.
I just completed.
more...
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geevikram
07-20 09:40 PM
Problem was ours (EB2 & EB3) and we fought together until EB2&EB3 dates were retrogressed.Now the problem is only for EB3s so EB3s only have to come forward and work for ourselves. Thank you Sir...
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
No, you are twisting what I said. My point is, if you are not willing to help yourself, why do you expect people who are going to be current in a year or so to chip in? You can start helping yourself by becoming a regular donor to IV. That's $25 a month. Imagine 11,000 odd EB people becoming regular donors. Maybe, IV can then run a regular ad in major news network, explaining our plight.
What I am saying is we(EB2&3) will fight together and you are saying that It's your problem and you(EB3) have to work for yourself.So do we have to start a new community called eb3immigrationvoice?
I never said EB3 will have to fight it alone. All I said is, 90% of EB3 folks stuck in the rot of backlog want someone else to take the lead and do it.
Again, please do not twist what I said. I rest my case.
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kprgroup
02-09 12:21 PM
India Super Cycle Report
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kosars
08-25 02:47 PM
applied July 2nd recieved July 3rd. Entered on 23rd Aug. Got the nos from the back of the checks. Waiting for the Receipts in mail
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gsc999
03-26 06:27 PM
Man, this website relieves my stress as it makes me realize that there are people whole lot depressed than I am , and it puts my life into perspective. Stress is only a state of mind.
For you sir, please live up to your username and cheer up. First thing you need to do is make a baby, everything will fall in it's place, trust me.
---
Well, I agree with your partially. Not with the baby making part. There are other avenues where we can channel our mind. In this case, volunteering for IV, especially now will be fruitful.
For you sir, please live up to your username and cheer up. First thing you need to do is make a baby, everything will fall in it's place, trust me.
---
Well, I agree with your partially. Not with the baby making part. There are other avenues where we can channel our mind. In this case, volunteering for IV, especially now will be fruitful.
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cleopatra
02-14 07:27 AM
Donated $100 for the event.
hindu_king
05-08 05:36 PM
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
nvssln
09-22 04:09 PM
I applied 1st EAD renewal for myself and my wife in August 4th. Still waiting.
Service Center: TSC
Mailed Date: August 4th.
USCIS Recived: August 6th.
Notice Date: August 13th.
Online shows as USCIS received those on the August 12th. Still waiting on EAD approval.
We mailed the AP documents for our family along with the EAD apps. APs for my wife and son were approved on the August 17th. Still waiting on the approval of AP for me.
I suspect who was processing our cases had gone on a big vacation.
Service Center: TSC
Mailed Date: August 4th.
USCIS Recived: August 6th.
Notice Date: August 13th.
Online shows as USCIS received those on the August 12th. Still waiting on EAD approval.
We mailed the AP documents for our family along with the EAD apps. APs for my wife and son were approved on the August 17th. Still waiting on the approval of AP for me.
I suspect who was processing our cases had gone on a big vacation.
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