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.
wallpaper Anna Faris Gallery
admin
05-05 11:34 AM
Dear admins,
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
sankap
07-10 03:14 PM
I-140 is for future job, and the petition says that the original employer has *intent* to hire the petitioner on FT/"perm" job. Now, let's say the original employer withdraws the petition after 180 days of filing I-485 and approved I-140 and lets you go. That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement? (Fortunately, yes it can be, per Yates memo.) Another situation: If you continue working with the same employer on H-1B until you get your GC, and leave him the next day of getting GC, and then plan to take a long holiday (not working). Would your GC be canceled because you don't have a FT/"perm" job?
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
I-140 is for future GC and hence, must be full time and permanent.
I-140 is not for current H-1B job.
You are mixing two things.
2011 quot;The House Bunnyquot; Los Angeles
vshar
11-19 12:16 PM
done...
more...
JA1HIND
04-22 01:29 PM
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.
is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)
I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D
in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p
http://www.h1b.info/lca_search.php
GKBest
10-12 08:02 PM
Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
more...
reddymjm
03-26 09:23 AM
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.
2010 quot;The House Bunnyquot; Los Angeles
immi2006
11-21 11:37 AM
I think courage to fight back can cure.
I came out of a rare disease myself in the last 2 year battle for which there was no cure.
You got to fight it out. My prayers are with you, hope the outcome is positive.
I came out of a rare disease myself in the last 2 year battle for which there was no cure.
You got to fight it out. My prayers are with you, hope the outcome is positive.
more...
gcbikari
04-21 04:40 PM
I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
hair Anna Faris
rahulpaper
09-03 05:35 PM
Applied june 26th and received CPO email today.
How many days do you think will i get the card in hand?
How many days do you think will i get the card in hand?
more...
tonyHK12
11-17 03:11 PM
Done for NYC
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
The page will choose senators and house reps based on your ZIP code and email it to them
Great job admins this was needed
Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?
The page will choose senators and house reps based on your ZIP code and email it to them
Great job admins this was needed
hot Anna Faris Rare Info | Anna
madhuvj
09-16 05:19 PM
Ok now.... Here is something interesting.
Who said ? Lawsuits will not work. If you guys have any doubts ? Follow the links below, iam gonna paste. It will tell you how powerful lawsuits are in this country if you think you have been fooled over and over on false promises. This is especially true in the case of People whose priority date was current for a long time but still they were made to wait because of unknown reasons by USCIS while the folks who had priority dates as recent as 2006 walked with Green Cards. People especially who fall under this category are sure to succeed only by filing lawsuits. I dont see any other way out here.
http://www.boston.com/news/nation/articles/2005/12/17/immigrants_are_suing_to_speed_up_citizenship/
http://boards.immigration.com/showthread.php?t=194681
Thanks
MadhuVJ
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
Who said ? Lawsuits will not work. If you guys have any doubts ? Follow the links below, iam gonna paste. It will tell you how powerful lawsuits are in this country if you think you have been fooled over and over on false promises. This is especially true in the case of People whose priority date was current for a long time but still they were made to wait because of unknown reasons by USCIS while the folks who had priority dates as recent as 2006 walked with Green Cards. People especially who fall under this category are sure to succeed only by filing lawsuits. I dont see any other way out here.
http://www.boston.com/news/nation/articles/2005/12/17/immigrants_are_suing_to_speed_up_citizenship/
http://boards.immigration.com/showthread.php?t=194681
Thanks
MadhuVJ
Dudes & Dudettes,
Hasnt the issue of processing order been beaten to death?
I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?
USCIS can always pull the security reason trump card here.
moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?
We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.
My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)
more...
house anna faris gallery image pic.
h1techSlave
07-26 10:42 AM
I agree with you 100%.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
We EB3 guys have to work together. In a couple of year you will not find a single EB2 guy here as they will have their GC's. I hope some senior member can give some guidance on how we should proceed to take up our cause.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
We EB3 guys have to work together. In a couple of year you will not find a single EB2 guy here as they will have their GC's. I hope some senior member can give some guidance on how we should proceed to take up our cause.
tattoo Anna Faris - Movies
i99
09-25 03:57 PM
I140 or H1-B is another story, but, I485 is solely your application. You are entitled to talk to the attorney who sent your application (and put his/her name as a contact to USCIS) BY LAW. For I485 he/she is representing you, thus have to reply to your inquiries. It might even be ILLEGAL for the attorney to give info about your I485 to your employer.
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
more...
pictures The House Bunny is not exactly
rtarar
07-02 08:37 AM
Sent on Jun 30 to reach on 2'nd July.
dresses Anna Faris in #39;The House Bunny
pd2001_12
09-10 02:54 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
more...
makeup Anna Faris at Comic-Con in
indigo10
02-14 01:47 PM
Contributed 50$ through Paypal.
Transaction ID for this payment is: 1D504889D3935344T.
Transaction ID for this payment is: 1D504889D3935344T.
girlfriend Anna Faris House Bunny Pictures
prakashv44
09-24 10:58 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Mr.Sharma,
Better do not write and waste someone time. Probably you may loose your GC too if you are not united.
Try to support EB's, not EB2 or EB3. People wait for 10years to get the GC in EB3, They are well qualified and Experienced.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Mr.Sharma,
Better do not write and waste someone time. Probably you may loose your GC too if you are not united.
Try to support EB's, not EB2 or EB3. People wait for 10years to get the GC in EB3, They are well qualified and Experienced.
hairstyles Anna Faris
PBECVictim
08-01 05:24 PM
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
mpkmaster
06-22 11:27 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
I back up Harutium on this!
Let's encourage people like Specter, and do not play the game of that band betraying President Bush in the House!:eek:
jgh_res
07-20 03:36 AM
I pledge 100 dollars. Please let me know how I need to send it over. Send any action alert to my associated email id.
I could not update the google spreadsheet. Can somebody do it for me...
I could not update the google spreadsheet. Can somebody do it for me...
No comments:
Post a Comment