YesGC_NoGC
06-27 10:19 AM
What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
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jchan
05-01 01:40 PM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
GCStatus
09-13 10:16 PM
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
Yes.
We have thousands here. We take just 1000 people and if everyone contributes 100 dollars - its 100,000 dollars. Just an estimate for lawyer fees incase we get that far
We are from BHARAT. Its a loaded statement. WE dont lose.
TOGETHER WE STAND, TOGETHER WE STAND my brothers and sisters.
I will start with the letters and see what unfolds.
Yes.
We have thousands here. We take just 1000 people and if everyone contributes 100 dollars - its 100,000 dollars. Just an estimate for lawyer fees incase we get that far
We are from BHARAT. Its a loaded statement. WE dont lose.
TOGETHER WE STAND, TOGETHER WE STAND my brothers and sisters.
2011 LADY GAGA and KATY PERRY
neverbefore
08-30 02:52 PM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Great news. Congratulations
Great news. Congratulations
more...
dingudi
05-21 10:04 AM
All who are still waiting for FP, a suggestion based on my personal experience. If you are calling TSC, then it will not make any difference as you will not receive FP notice even after calling and waiting for months. I would suggest take Infopass and get the FP scheduled. For NSC, sometimes if you get nice IO they may schedule you right away and tell you the date of FP on the phone itself. This info is all based on my past experiences of reading various threads and calling TSC. So I am not sure what the trend is right now.
India_USA
09-14 09:26 AM
It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"
more...
delhiguy
07-07 08:44 AM
What about the applications received before release of bulletin?
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
When DOS doesnt have a Immigrant Visa available , its just not available.
DOS made it effective 2nd ,
"Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
USCIS by law cant accept any applications effective 2nd.
People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?
Sir , we are screwed, thats doesnt mean a law is broken
We need the legislature intervention to make the limit higher.
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raghav0
09-24 01:03 PM
I cant believe that this kind of "Crab Mentality" would still exist especially now when we need to stop cribbing about these petty issues and unite to fight for our cause...Please GROW UP!!!
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abhijitp
11-21 02:21 PM
Sorry to hear about your situation. I will sincerely pray for you to get well soon!
Actually I have often thought about this situation, and I thought the answer is the family will have to return to their home country.
However, please do consult an attorney ASAP. Sertasheep, maybe you could connect him to Ms Henner!
Wishing you all the best!
Abhijit
Actually I have often thought about this situation, and I thought the answer is the family will have to return to their home country.
However, please do consult an attorney ASAP. Sertasheep, maybe you could connect him to Ms Henner!
Wishing you all the best!
Abhijit
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pvpb
09-27 02:02 PM
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
more...
vbkris77
05-01 03:41 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
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madhuvj
09-15 03:39 PM
You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.
Originally Posted by VivekAhuja
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Originally Posted by VivekAhuja
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
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akred
05-23 03:58 AM
Sent to 2+10 senators.
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ArunAntonio
07-09 02:59 PM
I have a personal contact in the press and I have notified him of our effort and have requested him to forward it to people in the press who might be intersted in covering this.
-AA
-AA
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jkays94
06-22 12:17 AM
Let's start our campaign for our own bill immediately. There is no motive to wait. We should pay lobbysts and ask them to approach lawmakers using the argument that legal immigrants need a relief without waiting for amnesty bills for illegal aliens.
The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :
18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.
The same argument applies, why would someone like Dianne Feinstein or other lawmakers who supported CIR because of industries such as agriculture, turn around and support a bill for legal immigrants when they traditionally have been opposed to bills that favor skilled workers ? The reality is that there will be no new bill until after November. I'm being pessimistic with good reason, look at the example that this Senator (http://www.senate.gov/~levin/newsroom/release.cfm?id=256689) gave regarding a measure that made it to the Senate and collapsed, but they did have success in the house where it passed as they would have wanted it to. What happened in this same case is what has happened to CIR, it got past the Senate but is now facing problems in the house. It goes to show that lobbying even with massive resources does not guarantee immediate success neither is the result what one set out to get, but indeed one is better off lobbying than not lobbying at all :
18 families worth a total of $185.5 billion quietly financed and coordinated a 10-year effort to repeal the estate tax. The report (http://www.citizen.org/documents/EstateTaxFinal.pdf) tells how these families spent over $200 million dollars contributing to political campaigns, financing outside lobby groups and trade associations, and creating a massive anti-estate tax coalition that served as the main coordinator of the repeal campaign.
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BharatPremi
03-26 09:15 AM
Just curious
EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.
PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.
EB2-India with May 2005 PD and before : All will be out before May 2010 with some residuals in NC. One thing I am sure, EB2/3-India with PD 2006 and afterwards should not start working on EAD and will have to hold on to H1.
PDs with 2006 and onwards - both for EB2/3 - Unpredictable and scary assuming no change in current immigration policies.
more...
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dilipb
07-30 03:28 PM
I applied for EAD on 06/18/2008
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
Receipt Date 06/20/2008
Not received it till date!
My friend applied on 06/04/2008
He got 1 year EAD on 06/30/2008.
This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
They probably did this because its a fee based organisation.
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saratswain
05-05 11:11 PM
Please tell me, why are you so frustrated ? Because you are not able to live as comfortable life as you desire ? Most of you are highly educated, if you go back to India you will be among the top 2-3% of population. But you do not want to, you have personal reasons, you have many other things not to go back.
How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.
If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.
-Thank you.
Hope everyone gets what is best for him/her.
(I am in H1B for last 7 yrs and have applied GC- waiting)
How justified some of us are when we say, we paused our life because of we do not have green card ? If we do have this mentality, then we need to grow up. And yes, we need to look back to India where more than 40% people live below poverty line.
If you believe in God, then thank him that he even gave you an opportunity to make yourself better financially. If you do not believe in God then thank your luck. But be thankful.
-Thank you.
Hope everyone gets what is best for him/her.
(I am in H1B for last 7 yrs and have applied GC- waiting)
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herndon
11-17 08:35 PM
Done
sayonara
08-24 03:24 PM
being anguished about the situation of not getting receipts and even worse - not being able to track or check status...I emailed the attorney and asked if he could check for encashed checks or if their firm is getting july 2nd receipts...
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
praveenuppaluri
11-17 04:23 PM
sent emails.. will post the letters also. Thanks
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