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nv1234

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About nv1234

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  1. nv1234

    Labor complaint

    Hi Everyone, I love Murthy forum because everyone has been so helpful here. Currenty, I'm having some issues with my employer. Since years my employer is kind of cheating me. He is giving me 75% of what he gets from prime vendor but in actual he should give me more than 80% because I'm on green card and he has no H1b expenses for me. No insurance...No extra expenses... He hided that he is deducting 25% from what he is getting from prime vendor. He had made me sign a non compete agreement too, which was one sided so Im not able to change my vendor too. Im thinking to file a labor complaint against him that he's exploiting me by giving me less rate and he needs to pay me back of what ever he has earned extra from me by deducting more. Secondly, he forced me to sign one sided non-compete agreement. Do you think, I will get my money back if I file the complaint? Im with same employer since 4 years... So he is exploiting me since 4 years :-(
  2. nv1234

    Please help someone?

    Okay, don't read what's the text but please respond to my question. If I can be sued based on non compete agreement?
  3. nv1234

    Please help someone?

    I have Green card now. When I joined my employer, I was on H1b.
  4. nv1234

    Please help someone?

    This issue is as follows: Im working as a consultant in an agency. I have 3 layers... my employer, my prime vendor and my client. I'm working here since 4 years. My employer made me sign a non compete agreement last year. My hourly rate is very low here so I asked my employer to release me but he is saying no. There is another prime vendor who works with my client. So i was thinking if I come under that different prime vendor then can my current employer file a lawsuit against me based on the below non-compete agreement? If yes then will I need an attorney and how can I save myself? Will it create a lot of legal issues? Thanks a lot in advance for help Non-compete agreement text is below... WHEREAS, Employee seeks employment, or continued employment, with the Company; WHEREAS, the Company would not agree to employ, or to continue to employ, Employee but for Employee’s agreement to the terms and conditions hereinafter set forth; WHEREAS, the Employee recognizes that the Company is engaged in the highly competitive computer software consulting business on a national level, and its customers, clients and competitors may be geographically dispersed; WHEREAS, Employee, in the course of his/her employment with the Company, will be entrusted with and exposed to the Company’s trade secrets and proprietary information, including but not limited to, the Company’s customer and client base and product, sales, and pricing strategies; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, the parties agree as follows: 1. Confidential Information. (a) Both during and after Employee’s employment with the Company, Employee shall not (except in performing Employee's duties of employment), directly or indirectly, divulge, communicate, or make available to any person, corporation, governmental agency, or other entity, including but not limited to the Company’s competitors and/or Company’s clients, customers, affiliates or suppliers or such entities’ clients, customers, affiliates or suppliers (collectively “clients or customers”), or use for Employee's own or any other person or entity's purposes or benefit, any trade secret, confidential business information, or any other information, knowledge, or data of the Company or any clients or customers of Company, which is not generally known to the public (including, but not limited to, information relating to research, product development or design, maintenance or repair processes, purchasing, product or material costs, sales or sales strategies or prospects, pricing or pricing strategies, advertising or promotional programs, product information, mailing or customer lists, finances (including prices, costs, and revenues), the salary or other remuneration of Employee or of any other employee or agent of the Company, and other business arrangements, plans, procedures and strategies), and shall use Employee's best efforts to prevent the publication or disclosure by any other person or entity of any such secret, information, knowledge, or data. The Company shall not be under any obligation to identify specifically by any notice or other action any secret, information, knowledge, or data to which this paragraph shall apply. While Employee is employed by the Company, all documents and information compiled, received, held, or used by Employee in connection with the business of the Company shall remain the Company's property, and shall be delivered by Employee to the Company upon the termination of Employee's employment, for whatever reason, or at any earlier time requested by the Company. (b) In addition to the provisions of this Agreement, the Company reserves all rights and _______ Initials remedies available under federal or state laws. 2. Unfair Competition. (a) While employed by the Company, Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder (except as an owner of less than 2% of the shares of a publicly-traded corporation), corporate officer, director, or in any other individual or representative capacity, engage or participate in any business that is in competition with the business of the Company or is a client or customer of the Company, without the prior written consent of the Company. (b) Employee agrees that for a period of twelve (12) months after Employee's separation from employment with the Company for any reason, Employee shall not, directly or indirectly, whether or not for compensation, and whether or not as an employee, be engaged in a position(s) similar to Employee’s position(s) with the Company with any client or customer for which the Employee performed non-incidental services while employed by the Company during the two (2) year period preceding the date of Employee’s separation from employment with the Company, regardless of whether the client or customer was billed directly by Company for Employee’s services or Employee’s services were billed through one or more additional entities (e.g., contractors, “tiers,” “layers” or “channel partners”). In the event that Employee’s services are billed through one or more additional entities, Employee shall not directly or indirectly, whether or not for compensation, and whether or not as an employee, be engaged in a position(s) similar to Employee’s position(s) with the Company with any of those entities or with the end user client for which Employee had provided services during the two (2) year period preceding the date of Employee’s separation from employment with the Company. © Employee shall not, during the term of his/her employment or for twelve (12) months following Employee’s separation from employment with the Company for any reason, directly or indirectly urge any client or customer or potential client or customer of the Company which was a client or customer of Employee or part of Employee’s account, or with which Employee had (or made significant attempts to have) a business or sales relationship, during the two (2) year period preceding the separation of his/her employment, to discontinue doing business with or not to do business with, in whole or in part, the Company. This paragraph is not intended to preclude the employee from performing his duties, objectively and to the best of his experience and abilities, to further the interests of the client and the project. Employee expressly agrees and acknowledges that: (i) the restrictions set forth herein are reasonable in scope, duration, and otherwise; _______ Initials (ii) that the restrictions set forth herein are necessary to protect the Company’s legitimate business interests in the highly competitive computer software consulting business; (iii) the Company will suffer great loss and irreparable harm if Employee were to violate the terms of this Agreement; and (iv) the amount of such damages may be uncertain or difficult to ascertain, and (v) the Employee’s agreement to observe the above restrictions form a material part of the consideration for Employee’s employment or continued employment with the Company. (d) Employee acknowledges that the limitations set forth in this Agreement shall not prevent Employee from earning a livelihood after Employee leaves the Company's employment, but merely prevents Employee from working (for a period of twelve (12) months) for the clients or customers (with the exceptions as mentioned in clause 2(a), (b) & ©) of Company for which Employee provided non-incidental services for during the last two (2) years of Employee’s employment with the Company. As a result of Employee’s access to, and knowledge of, of the Company’s trade secrets and proprietary information (including but not limited to, the Company’s customer and client base and product, sales, and pricing strategies), and/or because of the special, unique, and extraordinary services that Employee is capable of performing for the Company or one of its competitors, clients or customers, Employee acknowledges that the services to be rendered by Employee pursuant to this Agreement are of a character giving them a peculiar value, the loss of which cannot adequately or reasonably be compensated by money damages. Consequently, Employee agrees that any breach or threatened breach by Employee of Employee's obligations under Paragraphs 1, 2 and 3 of this Agreement, would cause irreparable injury to the Company, and that the Company shall be entitled to: (i) preliminary and permanent injunctions enjoining Employee from violating such provisions; and (ii) money damages in the amount of $25,000.00, or 30% of the total fees, compensation, benefits, profits or other remuneration earned by Employee during the first twelve months from any activity in breach of this Agreement, whichever is greater, together with interest, and attorneys' fees and costs expended to collect such damages or secure such injunctions. Nothing in this Agreement, however, shall be construed to prohibit the Company from pursuing any other remedy, the Company and Employee having agreed that all such remedies shall be cumulative. _______ Initials 3. Solicitation of Employees. For a period of six (6) months after Employee’s separation from the Company for any reason, Employee shall not, directly or indirectly, solicit, hire, or induce the termination from employment with the Company of any person who is employed by the Company, or induce such person to accept employment other than with the Company. 4. Inventions. (a) Employee agrees that all inventions made, conceived, discovered, developed or reduced to practice by Employee and all software and other works of authorship created by Employee, either alone or with others, at any time, within or without normal working hours, during the term of this Agreement, arising out of such employment or based upon Confidential Information, or pertinent to any field of business or research in which, during such employment, Company or any Affiliate thereof is engaged or (if such is known or ascertainable by Employee) is considering engaging, whether or not patented or patentable, shall be and remain the sole property of Company or its Affiliate with respect to all rights of Employee arising from any discovery, conception, development, reduction to practice, or creation by Employee. Company shall have the full right to assign, license, or transfer all rights thereto. (b) Employee shall promptly make full disclosure to Company or to an authorized representative thereof all information relating to the making, conception, discovery, development, creation or reduction to practice of inventions, or of software and other works of authorship owned by Company pursuant to Paragraph 4(a) above. © At the request of Company and at Company's expense, Employee shall execute such documents and perform such other acts as Company deems necessary to obtain patents or the like on such inventions or copyright registrations for such software and other works of authorship in any jurisdiction or jurisdictions. Such obligation shall continue beyond the Term of this Agreement. In the event that Company is unable because of Employee's mental or physical capacity or for any other reason to secure Employee's signature to apply for or to pursue any applications for patent or copyright covering inventions, software and other works of authorship owned by Company pursuant to Paragraph 4(a) above, then Employee hereby irrevocably designates and appoints Company as Employee's agent and attorney in fact, to act for and in his/her behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the prosecution and issuance of patents and copyright registrations thereon with the same legal force and effect as if executed by Employee. Employee further agrees not to file any patent applications relating to or describing or otherwise disclosing any Confidential Information or any such inventions, or to claim any copyright or file any applications to register any copyright in such software or other works of authorship, except with the prior written consent of Company. _______ Initials (d) Employee agrees to assign to Company or its clients or customers all of Employee's right, title and interest in and to any and all such inventions and the patent applications and patents relating thereto and to the copyright in any and all such software and other works of authorship and any copyright applications and registrations relating thereto conceived, reduced to practice, discovered, created or otherwise developed by Employee and owned by Company pursuant to Paragraph 4(a) above. (e) The primary intent of paragraphs 4(a), (b), © and (d) is to meet contractual obligations of the Company with the Client/Customer. The sole intention of the Company is to acquire the ‘invention/(s)’ (as defined in paragraph 4(a)) from the employee, and assign or transfer all rights thereto, to the Client/Customer. The Company will not retain or acquire any benefit from any and all such invention/(s). 5. No Waiver. The failure at any time either of the Company or Employee to require the performance by the other of any provision of this Agreement shall in no way affect the full right of such party to require such performance at any time thereafter, nor shall the waiver by either the Company or Employee of any breach of any provision of this Agreement be taken or held to constitute a waiver of any succeeding breach of such or any other provision of this Agreement. 6. Interpretation and Severance. In the event any provision of this Agreement, or any portion thereof, is determined by any court of competent jurisdiction to be unenforceable as written, such provision or portion thereof shall be interpreted so as to be enforceable. Without limitation, if any court of competent jurisdiction shall hold any of the restrictions set forth in this Agreement to be unreasonable as to extent, duration, geographical area, or otherwise, then the parties agree that the court making such determination shall reduce such extent, duration, geographical area, or otherwise to make their application reasonable, and in its reduced form, such part or provision shall then be enforceable. In the event any provision of this Agreement, or any portion thereof, is determined by any court of competent jurisdiction to be void, the remaining provisions of this Agreement shall nevertheless be binding upon the Company and Employee with the same effect as though the void provision or portion thereof had been severed and deleted. 7. No Conflict. Employee represents and warrants that Employee is not subject to any agreement, contract, order, judgment or decree of any kind which would prevent Employee from entering into this Agreement or performing fully Employee's obligations hereunder. 8. Governing Law, Jurisdiction and Waiver of Jury Trial. For claims under or pursuant to this Agreement, Employee hereby submits to the jurisdiction of, and agrees to be bound by the decisions of, the state or federal courts located within the State of New Jersey. Employee waives any obligations to venue and any right to assert that such courts are an inconvenient forum. Employee agrees that if Employee resides outside the State of New Jersey, Company may seek to enforce this Agreement in a jurisdiction outside of the State of New Jersey. Employee waives any right to jury trial in any such proceeding. 9. Survival. Employee's obligations as set forth in Paragraphs 1, 2, and 3 above, represent independent covenants by which Employee is and shall remain bound notwithstanding any breach or claim of breach by the Company, and shall survive the termination or expiration of this Agreement. 10. Headings. The headings contained in this Agreement are for reference purposes only, and shall not affect the meaning or interpretation of this Agreement. _______ Initials IN WITNESS WHEREOF, the Company and Employee have executed this Agreement as of the date first written above.
  5. Hi, I'm a green card holder and want to travel to cancun, Mexico for vacation. Do I need a Mexico Visa for this travel? My country of citizenship is India. Thanks a lot in advance!
  6. Thanks Pontevecchio, Actually, I have had bad experience in my past. I went for H1b visa stamping and they gave me Admin Processing form (green slip). All because of my employer. May be he didn't file his taxes properly. I waited 5 months in India for embassy to complete their admin processing but they didn't respond so I came back to my hubby who was in US on dependent visa (H4) and then again I applied for H1b through new employer but now I've got EAD through my husband. So I was wondering if they'll ask me about my current employer now?
  7. Lol I haven't done any crime in my life but I seriously get nervous in these interviews.
  8. Hi, I recently got my EAD+ADVANCE PAROLE card through my husband. I just want to know, If I travel outside US and come back. What all questions will be asked at Port of Entry in Secondary Investigation and what all documents they can ask to check so that I carry them with me. Thanks a lot in advance. You help is highly appreciated.
  9. nv1234

    Travel on EAD

    thanks a lot pontevecchio
  10. nv1234

    Travel with EAD/AP Combo Card

    Hi, If I travel outside US with EAD/AP Combo Card, what else documents would I need to carry to show at port of entry? Like on H1b visa, we need to carry all paystubs, employer docs etc. Thanks a lot in advance.
  11. nv1234

    Travel on EAD

    Hi thanks for your reply. What all documents should I carry while traveling, along with EAD+ADVANCE PAROLE card?
  12. nv1234

    Travel on EAD

    Travel on EAD Hi All, I got my EAD card 1 month back. At the bottom of the card it's written "SERVES AS I-512 ADVANCE PAROLE". My husband is sponsoring my GC. I just want to know when I travel outside US on EAD, like to Canada or India, will I need a Visa stamped on my passport to return back to US? Just like for H1b we need visa stamping. Will I have to go to embassy to get my passport visa stamped on EAD as well? Also, will I just need to show this card at the port of entry? Thanks a lot in advance.
  13. nv1234

    Travel on EAD

    I just saw, at the bottom of my EAD card it's written "SERVES AS I-512 ADVANCE PAROLE". My husband sponserd my GC so I have no idea about this. Doesn't it mean I can come back to US without any visa if I go to India?
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