Against all Odds

[lavander 0]

ohhh... don't want to be so dramatic it's just that i need to let it out.... I just lost my job 2 days ago because of the non competion contract that i signed with my previous employer years ago, the contract is binding for 3 years after resignation, i have 1 1/2 years to go, recently i just started working w/ the competitor I have no choice because this is what I do for a living!! my previous work was my only work experience. But i was froce to let go of my current job because my previous employer wants to sue me for breach of contract coz i can't work with competitor with 50 km radius of our branches. As if it was not enough I just had a consultation w/ Reeves (pls gve me feedback if he's really good) he told me that i would need a waiver for our K1 application. Currently i'm just waitin for my interview ths comin June. I'm so confused... and i'm losin hope coz he told me when he was readin my paperwork that my case would fall on misrepresentation i read some of the infos here in VJ if i'm not mistaken that would fall under INA 212 (a)(6) though what's written in my papers and even on my passport was 212 (a)(7)(A)(I). I dunno... i'm totally shaken bout what he told me coz accdg. to him Misrepresentation would really be a tough case to battle we would need to prove "extreme hardship".... The fee was whooping 5 figures!!!!! where in the world would i get that money and i don't want to be a burden to my fiance coz he's earnings were really not that much. ohhhh... i dunno i haven't slept for almost a week now because of all these...

[Bobbie 1]

ohhh... don't want to be so dramatic it's just that i need to let it out.... I just lost my job 2 days ago because of the non competion contract that i signed with my previous employer years ago, the contract is binding for 3 years after resignation, i have 1 1/2 years to go, recently i just started working w/ the competitor I have no choice because this is what I do for a living!! my previous work was my only work experience. But i was froce to let go of my current job because my previous employer wants to sue me for breach of contract coz i can't work with competitor with 50 km radius of our branches. As if it was not enough I just had a consultation w/ Reeves (pls gve me feedback if he's really good) he told me that i would need a waiver for our K1 application. Currently i'm just waitin for my interview ths comin June. I'm so confused... and i'm losin hope coz he told me when he was readin my paperwork that my case would fall on misrepresentation i read some of the infos here in VJ if i'm not mistaken that would fall under INA 212 (a)(6) though what's written in my papers and even on my passport was 212 (a)(7)(A)(I). I dunno... i'm totally shaken bout what he told me coz accdg. to him Misrepresentation would really be a tough case to battle we would need to prove "extreme hardship".... The fee was whooping 5 figures!!!!! where in the world would i get that money and i don't want to be a burden to my fiance coz he's earnings were really not that much. ohhhh... i dunno i haven't slept for almost a week now because of all these...

If I were a vice president at disney, I would worry about a non compete. otherwise, I would consult a lawyer. What did you do that you signed this? I have seen nail techs sign these, what are you thinking? Beyond that, I think they would be hard pressed to enforce it, if you have no other way of supporting yourself. I think they are more like, if we sell our business (it is a niche store) we can not open another store like this for x time. I would really look into if your non compete is strong or just trying to keep you hooked to him.

Bobbie

[kitkat1 5]

How can you fall under INA212 (a)(6) if you did not enter the country? (Not sure if I remember you story 100%, but I thought you were simply denied entry). INA §212(a)(6)(A)(i) refers to an alien present in the United States without being admitted or paroled - but you were not admitted, right?

INA §212(a)(7)(A)(i) is any immigrant who, at the time of application for admission: who is not in possession of a valid unexpired immigrant visa. Tht person is excludable. It says excludable, NOT inadmissable. I would clarify the difference with a lawyer.

I suggest an email consult with Heather Poole or Laurel Scott. I have not heard the best thing about Reeves.

By the way, being charged with misrepresentation does mean a waiver is required. Any waiver of that nature requires the USC, not the applicant, to prove extreme hardship. The problem is that rates for waiver approval in Manila are very law - I assume that's why he said that. $5,000 seems to be the standard price for waivers with experienced attorneys. But again, I don't see clearly why you would need a waiver.

On the non-compete issue, you signed it and agreed to their terms. I can't see how you can deny that you violated the terms of the non-compete and it seems to me they would have the right to sue you. Like Bobbie said, maybe you should talk to a lawyer.

[lavander 0]

How can you fall under INA212 (a)(6) if you did not enter the country? (Not sure if I remember you story 100%, but I thought you were simply denied entry). INA §212(a)(6)(A)(i) refers to an alien present in the United States without being admitted or paroled - but you were not admitted, right?

INA §212(a)(7)(A)(i) is any immigrant who, at the time of application for admission: who is not in possession of a valid unexpired immigrant visa. Tht person is excludable. It says excludable, NOT inadmissable. I would clarify the difference with a lawyer.

I suggest an email consult with Heather Poole or Laurel Scott. I have not heard the best thing about Reeves.

By the way, being charged with misrepresentation does mean a waiver is required. Any waiver of that nature requires the USC, not the applicant, to prove extreme hardship. The problem is that rates for waiver approval in Manila are very law - I assume that's why he said that. $5,000 seems to be the standard price for waivers with experienced attorneys. But again, I don't see clearly why you would need a waiver.

On the non-compete issue, you signed it and agreed to their terms. I can't see how you can deny that you violated the terms of the non-compete and it seems to me they would have the right to sue you. Like Bobbie said, maybe you should talk to a lawyer.

thanks for all ur advise actually i did consult with labor lawyer already they told me that it's not really that i'm carrying sort of trade secret of my previous employer or anything. The bottomline is my previous employer is just thereatening me, here in the Philippines even big companies would have that non competttion clause in your employment contract although very rarely that they would really go after employees, they would mostlikely loose the case they just want u to spend and all till u gve up. it's mostly politics even if i bring it up to the Dept. of Labor here they can lobby and lets just say money works in mysterious ways. Tha's why i juyst left and tryin to start all over.

Now with my K1, was confused coz like as what ive said i was denied entry visa cancelled my passport and paperwork stated Sec 212 (a)(7)(A)(I) but when Reeves read it he said when he read the paperwork it would be interpreted as misrepresentation "when i was asked about the address written in my I94 and i denied that it was my fiance's". Oh well he's chargin $10,000 for the waiver coz he's he said he's definite i'm not gonna get the visa that fee is just for the waiver coz it was a tough case.

hope u can gve the email add of those lawyers kit kat thanks.

[kitkat1 5]

Now with my K1, was confused coz like as what ive said i was denied entry visa cancelled my passport and paperwork stated Sec 212 (a)(7)(A)(I) but when Reeves read it he said when he read the paperwork it would be interpreted as misrepresentation "when i was asked about the address written in my I94 and i denied that it was my fiance's". Oh well he's chargin $10,000 for the waiver coz he's he said he's definite i'm not gonna get the visa that fee is just for the waiver coz it was a tough case.

hope u can gve the email add of those lawyers kit kat thanks.

I'm not a lawyer but I think Reeves misunderstood. Misrepresentation is:

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

You lied about the address written on your I-94. At what point did that happen - when you were trying to enter the country and trying to pass through immigration? If so, my assumption is that if they wanted to charge you with misrepresentation, they would have done it in that moment. I think it's unlikely that the CO at your interview will decide, after the fact, that you misrepresented yourself. I suppose it could happen. Instead, they denied you entry and sent you home. Therefore why would there be a need for a waiver? There is no reason for a waiver with denial of entry.

Simply google the names of the lawyers and email them to arrange a consult. I'm sure one of them will clarify for you. $10,000 is MUCH too high for a waiver case, especially if it's not necessary.

Please post the comments from other lawyers - I'd be interested to know if they agree in how I am interpreting this.

[homesick_american 1]

Non-comp clauses in contracts are pretty standard nowadays, and are rarely enforceable. You should have talked to a lawyer before you resigned your job. I had to sign one at every company I worked for in Texas, and I left almost all of those companies to work for competitors and was never sued. It happened to a couple of people I knew, but they never ended up actually being sued or losing their jobs. They just got lawyers on it and it went away, no problem.

[lavander 0]

Now with my K1, was confused coz like as what ive said i was denied entry visa cancelled my passport and paperwork stated Sec 212 (a)(7)(A)(I) but when Reeves read it he said when he read the paperwork it would be interpreted as misrepresentation "when i was asked about the address written in my I94 and i denied that it was my fiance's". Oh well he's chargin $10,000 for the waiver coz he's he said he's definite i'm not gonna get the visa that fee is just for the waiver coz it was a tough case.

hope u can gve the email add of those lawyers kit kat thanks.

I'm not a lawyer but I think Reeves misunderstood. Misrepresentation is:

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

You lied about the address written on your I-94. At what point did that happen - when you were trying to enter the country and trying to pass through immigration? If so, my assumption is that if they wanted to charge you with misrepresentation, they would have done it in that moment. I think it's unlikely that the CO at your interview will decide, after the fact, that you misrepresented yourself. I suppose it could happen. Instead, they denied you entry and sent you home. Therefore why would there be a need for a waiver? There is no reason for a waiver with denial of entry.

Simply google the names of the lawyers and email them to arrange a consult. I'm sure one of them will clarify for you. $10,000 is MUCH too high for a waiver case, especially if it's not necessary.

Please post the comments from other lawyers - I'd be interested to know if they agree in how I am interpreting this.

thank u so much i'll do that.

[broma25 2]

Non-comp clauses in contracts are pretty standard nowadays, and are rarely enforceable. You should have talked to a lawyer before you resigned your job. I had to sign one at every company I worked for in Texas, and I left almost all of those companies to work for competitors and was never sued. It happened to a couple of people I knew, but they never ended up actually being sued or losing their jobs. They just got lawyers on it and it went away, no problem.

America's answer to everything......get a lawyer!!!

[homesick_american 1]

Non-comp clauses in contracts are pretty standard nowadays, and are rarely enforceable. You should have talked to a lawyer before you resigned your job. I had to sign one at every company I worked for in Texas, and I left almost all of those companies to work for competitors and was never sued. It happened to a couple of people I knew, but they never ended up actually being sued or losing their jobs. They just got lawyers on it and it went away, no problem.

America's answer to everything......get a lawyer!!!

Situations like this are what lawyers are for. It's not like she's suing McDonald's because she spilled coffee on herself.