meet
08-31 09:36 PM
Please do reply to my queries...........
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prout02
07-30 12:26 PM
I have read in this forum frequent questions about this - legality/enforceability of noncompete clause. Here's a recent court decision from Kansas. It talks about physician practices. No idea if it is applicable to other professions. But the four factors cited in the decision seem relevant.
Interestingly, it talks about 8 states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- that have been known to outlaw or significantly restrict such clauses.
Please take it for whatever it's worth.
======================
http://www.ama-assn.org/amednews/2008/08/04/prsa0804.htm
amednews.com
Kansas court enforces noncompete clause
The court looked at a number of factors in weighing the contract's impact on the doctor, the employer and patient care.
By Amy Lynn Sorrel, AMNews staff. Aug. 4, 2008.
A Kansas appeals court recently affirmed the enforceability of noncompete clauses in a ruling that puts the spotlight on issues that can arise in drafting or signing the employment contracts.
Kansas is among a majority of states that consider noncompete clauses legal, with varying case law or statutes as to when and how the provisions can be used. Eight states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- have been known to outlaw or significantly restrict such clauses.
In June, the Kansas Court of Appeals upheld a contract that restricted a family physician from practicing for three years in the same county as the group she left unless she paid the clinic 25% of her earnings during those three years after her termination.
In its decision, the court analyzed four factors to determine the validity of the contract provision. The court looked at whether the restrictive covenant:
* Protected a legitimate business interest of the employer.
* Created an undue burden on the employee.
* Harmed the public welfare.
* Contained time and geographic limitations that were reasonable.
In upholding the noncompete clause, the court found that Wichita Clinic PA had a legitimate interest in protecting its patient base and the investment it made in establishing the practice of Michelle M. Louis, DO, when she joined the group in 1991. The court said the contract did not unfairly restrict competition or patient access because Dr. Louis had the option to continue practicing in the area, where other family physicians were available.
Gary M. Austerman, Dr. Louis' attorney, said the court essentially ruled that "a contract is a contract" while giving "short shrift" to other concerns, including patient care. Dr. Louis plans to petition the Kansas Supreme Court to take her case.
8 states outlaw or significantly restrict noncompete clauses.
"A doctor's right to practice and continue her relationship with her patients in this case is greater than the employer's right to restrain that right," Austerman said. "Patient choice is affected any time you say you can't take care of patients just because of a business relationship."
Austerman said Wichita Clinic -- a practice of nearly 200 multispecialty physicians -- was not harmed by Dr. Louis' departure, and the contract was aimed at protecting itself from competition rather than protecting patient care. He argued that the 25% damages clause imposed an arbitrary penalty on Dr. Louis and was not intended to apply to the income she would make when she left the clinic in 2004.
AMA policy states that covenants not to compete "restrict competition, disrupt continuity of care and potentially deprive the public of medical services." The AMA discourages any agreement that restricts the right of a physician to practice medicine and considers noncompete clauses unethical if they are excessive in scope.
Striking a balance
Gary L. Ayers, an attorney for Wichita Clinic, said the group's contract struck an appropriate balance.
He said the clinic hired Dr. Louis after she completed her residency and helped set up her practice with an existing source of patient contacts and referrals, and by covering administrative and overhead costs. But if doctors decide to leave and take a portion of their patients with them, the group would lose out financially without some reimbursement arrangement, Ayers said. As a result, patient care would suffer.
Restrictive covenants "allow groups to protect their patient base and in turn give them the ability to grow the practice to provide a vast array of patient services," Ayers said.
Doctors on either side of the negotiating table should consult legal counsel to know where their state stands on enforcing noncompete provisions, said Richard H. Sanders, a Chicago-based health care lawyer with Vedder Price.
Employers drafting contracts should make sure time and distance limitations are reasonable and reflect where the practice draws its patient base from, he said. On the flip side, individual doctors should not hesitate to negotiate and ask for a buyout clause or a carve-out leaving a particular geographic territory open.
Jerry Slaughter, executive director of the Kansas Medical Society, warned that doctors should take the contracts seriously. The medical society was not involved in the Wichita Clinic case.
"If properly constructed, [restrictive covenants] are legal and binding, so it's really about the parties going into it understanding it's a contract."
Discuss on Sermo Discuss on Sermo Back to top.
ADDITIONAL INFORMATION:
Case at a glance
Was a noncompete clause in a doctor's employment contract enforceable?
A Kansas appeals court said yes.
Impact: Some individual physicians say the provisions restrict their rights to practice in any given area and infringe on patients' rights to choose a doctor. Physicians on the medical group side say the contracts help protect the investment a practice makes in new doctors and its existing business, which, in turn, helps maintain access to care.
Wichita Clinic PA v. Michelle M. Louis, DO, Kansas Court of Appeals
Back to top.
Copyright 2008 American Medical Association. All rights reserved.
Interestingly, it talks about 8 states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- that have been known to outlaw or significantly restrict such clauses.
Please take it for whatever it's worth.
======================
http://www.ama-assn.org/amednews/2008/08/04/prsa0804.htm
amednews.com
Kansas court enforces noncompete clause
The court looked at a number of factors in weighing the contract's impact on the doctor, the employer and patient care.
By Amy Lynn Sorrel, AMNews staff. Aug. 4, 2008.
A Kansas appeals court recently affirmed the enforceability of noncompete clauses in a ruling that puts the spotlight on issues that can arise in drafting or signing the employment contracts.
Kansas is among a majority of states that consider noncompete clauses legal, with varying case law or statutes as to when and how the provisions can be used. Eight states -- Alabama, California, Colorado, Delaware, Massachusetts, North Dakota, Tennessee and Texas -- have been known to outlaw or significantly restrict such clauses.
In June, the Kansas Court of Appeals upheld a contract that restricted a family physician from practicing for three years in the same county as the group she left unless she paid the clinic 25% of her earnings during those three years after her termination.
In its decision, the court analyzed four factors to determine the validity of the contract provision. The court looked at whether the restrictive covenant:
* Protected a legitimate business interest of the employer.
* Created an undue burden on the employee.
* Harmed the public welfare.
* Contained time and geographic limitations that were reasonable.
In upholding the noncompete clause, the court found that Wichita Clinic PA had a legitimate interest in protecting its patient base and the investment it made in establishing the practice of Michelle M. Louis, DO, when she joined the group in 1991. The court said the contract did not unfairly restrict competition or patient access because Dr. Louis had the option to continue practicing in the area, where other family physicians were available.
Gary M. Austerman, Dr. Louis' attorney, said the court essentially ruled that "a contract is a contract" while giving "short shrift" to other concerns, including patient care. Dr. Louis plans to petition the Kansas Supreme Court to take her case.
8 states outlaw or significantly restrict noncompete clauses.
"A doctor's right to practice and continue her relationship with her patients in this case is greater than the employer's right to restrain that right," Austerman said. "Patient choice is affected any time you say you can't take care of patients just because of a business relationship."
Austerman said Wichita Clinic -- a practice of nearly 200 multispecialty physicians -- was not harmed by Dr. Louis' departure, and the contract was aimed at protecting itself from competition rather than protecting patient care. He argued that the 25% damages clause imposed an arbitrary penalty on Dr. Louis and was not intended to apply to the income she would make when she left the clinic in 2004.
AMA policy states that covenants not to compete "restrict competition, disrupt continuity of care and potentially deprive the public of medical services." The AMA discourages any agreement that restricts the right of a physician to practice medicine and considers noncompete clauses unethical if they are excessive in scope.
Striking a balance
Gary L. Ayers, an attorney for Wichita Clinic, said the group's contract struck an appropriate balance.
He said the clinic hired Dr. Louis after she completed her residency and helped set up her practice with an existing source of patient contacts and referrals, and by covering administrative and overhead costs. But if doctors decide to leave and take a portion of their patients with them, the group would lose out financially without some reimbursement arrangement, Ayers said. As a result, patient care would suffer.
Restrictive covenants "allow groups to protect their patient base and in turn give them the ability to grow the practice to provide a vast array of patient services," Ayers said.
Doctors on either side of the negotiating table should consult legal counsel to know where their state stands on enforcing noncompete provisions, said Richard H. Sanders, a Chicago-based health care lawyer with Vedder Price.
Employers drafting contracts should make sure time and distance limitations are reasonable and reflect where the practice draws its patient base from, he said. On the flip side, individual doctors should not hesitate to negotiate and ask for a buyout clause or a carve-out leaving a particular geographic territory open.
Jerry Slaughter, executive director of the Kansas Medical Society, warned that doctors should take the contracts seriously. The medical society was not involved in the Wichita Clinic case.
"If properly constructed, [restrictive covenants] are legal and binding, so it's really about the parties going into it understanding it's a contract."
Discuss on Sermo Discuss on Sermo Back to top.
ADDITIONAL INFORMATION:
Case at a glance
Was a noncompete clause in a doctor's employment contract enforceable?
A Kansas appeals court said yes.
Impact: Some individual physicians say the provisions restrict their rights to practice in any given area and infringe on patients' rights to choose a doctor. Physicians on the medical group side say the contracts help protect the investment a practice makes in new doctors and its existing business, which, in turn, helps maintain access to care.
Wichita Clinic PA v. Michelle M. Louis, DO, Kansas Court of Appeals
Back to top.
Copyright 2008 American Medical Association. All rights reserved.
nkavjs
09-26 01:11 AM
I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
wow..I hope this is true. Pls. let me know.
Thanks
RPH
wow..I hope this is true. Pls. let me know.
Thanks
RPH
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pmb76
08-19 12:13 AM
Such are the erratic ways of USCIS that we are all in the paranoid zone. When you get the unexpected (i.e. paper mail and no online approval) it does make us wonder and asntonished. There is an old Turkish proverb "When you burn your lips drinking hot milk you start blowing on your yogurt"
I hope sense prevails and all the EB2s whose PDs are current get their GCs.
I hope sense prevails and all the EB2s whose PDs are current get their GCs.
more...
gcwaiting17
10-14 11:55 PM
still waiting for FP ...
uslegals
01-29 11:05 AM
Congrats.
After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.
Thanks for all the good wishes.! Pappu - Kindly PM me details about how i can get more involved in IV's mission.
After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.
Thanks for all the good wishes.! Pappu - Kindly PM me details about how i can get more involved in IV's mission.
more...
gc_chahiye
02-10 06:13 PM
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
2010 Nouvelle Audi A3 2012.
lifestrikes
05-31 10:17 PM
Before the Neufled Memo, self H1B sponsorship was possible, but now you will not be able to prove employer-employee relationship.
If you happen to find a way, let me know.
If you happen to find a way, let me know.
more...
vjmjaan
06-02 07:09 PM
smarth,
Can you please update your profile with information like your filing center e.g. TSC or NSC and the dates of filing and receipting.
This will help others with the same dates.
Thanks,
Can you please update your profile with information like your filing center e.g. TSC or NSC and the dates of filing and receipting.
This will help others with the same dates.
Thanks,
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augustus
09-10 12:56 PM
Dear All,
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
more...
sayantan76
05-31 09:04 PM
A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
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EndlessWait
12-16 11:26 PM
What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
more...
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ragz4u
04-10 05:04 PM
Thanks
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Beemar
07-04 11:00 AM
I seriously doubt the intentions of the user cygent. What is the point of this thread? As it stands, this thread only provides publicity to immigrant-haters like Donna. Administrators must delete this thread.
more...
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pixi
09-13 11:57 AM
W"oaaa thats a col idea man -- the UI is a bit hard to use - especially for clients with no design app experience-- maybe u need to lead people thru the coices-- eg first choose a page layout, pick one of these.. now ...... something like that ..
but wow nice little app, a lot of work I am sure, Looking forward to seeing the finished product. ( its very processor hungry? - hard to use sometimes because of this)
- keep trying - Kudos to u man
but wow nice little app, a lot of work I am sure, Looking forward to seeing the finished product. ( its very processor hungry? - hard to use sometimes because of this)
- keep trying - Kudos to u man
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sc3
10-22 10:22 PM
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
more...
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sk.aggarwal
07-23 10:49 AM
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
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reachinus
02-23 04:01 AM
You will just need the AP for yourself but make sure you return before the expiry date of the AP and not the I-94 any issued or stamp in the PP. For the baby you can use 1 of the 3 options available - Visa/PIO/OCI. Hope this is helpful.
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redViper
04-28 08:44 AM
cybergold
godspeed
10-09 01:33 PM
Hopefully you have a attorney, sometimes they have more access or just clout more than what we have, so my suggestion would be to get in touch with an attorney.
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
aachoo
02-23 12:45 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
-a
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.