diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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desi3933
08-29 10:33 AM
That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't believe I had been unethical.
The bottom line, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
Any update on your lawsuit?
The bottom line, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
Any update on your lawsuit?
mjdup
02-15 07:34 PM
Contributed small amount of $100.
Will also donate airline miles and hotel honor points.
Will also donate airline miles and hotel honor points.
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sankap
07-10 01:07 PM
Thanks for quoting that. Now, how do you define what's legitimate? Meaning, why can't you show that your self-employment is "legitimate?"
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
what does this mean?
confirm that the new employer and the job offer are legitimate
legitimate means bonafide. Isn't it?
For both, new employer and new job offer.
more...
franklin
06-17 08:06 PM
It would be great if we kept this thread for receipt issues only but..
Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.
BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:
Yes sir - off to do my homework:D
Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.
BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:
Yes sir - off to do my homework:D
vshar
07-22 09:44 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
You are not man but superman.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
You are not man but superman.
more...
justAnotherFile
07-20 11:25 AM
I pledge $100 towards Amans' exp re-imbursement...
Contributtion to IV ($125 to date)
Contributtion to IV ($125 to date)
2010 Happy Birthday Mom!
GCStatus
09-15 01:20 PM
hi,
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Will let you know once we accumulate details. For now, please provide your name,ph# and e-mail to man-woman-gc
Please let me know the process to pledge the $100. I am not a member of any state chapter but just a registered member on this site.
Will let you know once we accumulate details. For now, please provide your name,ph# and e-mail to man-woman-gc
more...
Desertfox
05-23 04:34 PM
Sent email to 2+10 senators.
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shukla77
05-23 01:50 PM
sent emails to 2 in NY
more...
prince_waiting
07-20 07:32 AM
I pledge 200 USD; a small salutation to a great act.
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ski_dude12
09-01 02:04 PM
Was it TSC or NSC?
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
We too got the magic emails saying our 485 has been approved. It was indeed a long journey that started back in 2000. Happy that it all ended well. My priority date is Dec 2005. I did create a service request early August which helped a lot. All the best to the rest of the guys who are waiting for the approval emails.
more...
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sss9i
09-11 10:56 PM
Please create link to main page So that everyone can access easily.
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vij
06-15 07:49 PM
This is what i have been asking since last week.
My attorney told me that apart from employer i would also get a receipt notiece. I want someone to confirm this.
My petition was sent on June 4th and i haven't received anything yet
Is this true?
My attorney told me that apart from employer i would also get a receipt notiece. I want someone to confirm this.
My petition was sent on June 4th and i haven't received anything yet
Is this true?
more...
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georchen
09-12 03:10 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
I'm in the same boat. no checks encashed. no receipts. Pray God every day.
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guchi472000
03-26 09:41 AM
My PD is EB2 Nov 2006.
more...
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jgh_res
07-20 10:34 AM
Keep it going and bring out Aman out of this mess.
$100 from me.
Recurrent contribution $ 50.
$100 from me.
Recurrent contribution $ 50.
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anandrajesh
05-28 12:41 PM
Me & My wife,
emailed Minnesota Senators + 10 senators mentioned.
emailed Minnesota Senators + 10 senators mentioned.
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dixie
12-15 02:29 AM
I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
SKK2004
08-25 04:31 PM
Thanks mygc2006, for sharing your info. Good to know that I am the not the only one. Well, guess the wait continues...
Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...
Hi SKK, it is not really required to have finger printed to get teh EAD approval. (i am talking aboutthe first time EAD). Your FP may come later on. At least in my case it was like that. I got my EAD approval first and later on only the FP came. Hope this helps ...
raju123
07-06 03:38 PM
We need some powerful press release for this Gandhigiri
Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.
Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.
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