abq_gc
08-18 02:49 PM
Well CLEARLY you CANNOT.
AND STOP Cursing on this forum, it is NOT your personal property. If you are that HIGHLY skilled as you claim to be, stop behaving like an uncouth idiot.
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
AND STOP Cursing on this forum, it is NOT your personal property. If you are that HIGHLY skilled as you claim to be, stop behaving like an uncouth idiot.
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
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GCcomesoon
11-06 04:00 PM
Hi
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
They said they will send email to TSC & hopefully I should get the FP in next 30 days , if not I should come again which I did. This time they did the same email thing .Actually I went 2nd time to know whether my NC was clear or not. Menwhile I had created 2 SR's by calling USCIS too.
I hope to get the FP in next few days .
Thanks
GCcomesoon
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
They said they will send email to TSC & hopefully I should get the FP in next 30 days , if not I should come again which I did. This time they did the same email thing .Actually I went 2nd time to know whether my NC was clear or not. Menwhile I had created 2 SR's by calling USCIS too.
I hope to get the FP in next few days .
Thanks
GCcomesoon
shukla77
05-23 12:36 PM
sent emails to 10 senators
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GCStatus
09-14 04:10 AM
It sounds easy..but funding drives are not always easy when reality strikes...how about starting a spreadsheet with names and ph# of people who are willing to contribute $100 for this lawsuit. As soon as we have the 1000th name, we start depositing money to a bank account. 100 grand is not small amount and I am sure we can find a good enough lawyer to start a lawsuit for that kind of money.
I and my wife are ready with our 100 bucks each.....and can help with maintaing the spreadsheet etc.... how do we get those 1000 names now....or do we even have support of 1000 people around here...that is the biggest question.
Exactly
Friends - Please PM me or MAN-WOMAN and GC, your respectively details. We will start accumnulating names.
Show time !
I and my wife are ready with our 100 bucks each.....and can help with maintaing the spreadsheet etc.... how do we get those 1000 names now....or do we even have support of 1000 people around here...that is the biggest question.
Exactly
Friends - Please PM me or MAN-WOMAN and GC, your respectively details. We will start accumnulating names.
Show time !
more...
raj3078
10-24 04:34 PM
As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
Dude,
At least with DEMS there is close to surety of passing one Immigration Bill even if it is CIR.... With REPs, we will never see any bill the light of day... Not sure which world you live in but check out numbersusa site and you will see how they are trying to decrease the immigration - legal or illegal alike.... So while Skill will go through Senate, it will be again blocked in house like it was in Dec2005........ So bottomline is that I would rather have some bill passed and have a hope in sight than no bill and never know if one will ever get GC
chi_shark
07-09 02:55 PM
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
more...
minimalist
01-31 01:17 PM
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
2010 Kate Winslet Titanic Drawing
minimalist
01-31 01:17 PM
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.
The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395
After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.
I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.
Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..
more...
spmusa
09-05 01:19 PM
PD-Aug 2003/ Category - EB3
Labor Cleared - March 2005
I-140 Cleared Dec 2005
I-485 Sent 07/25/2007
Receipt Date - Not yet
Service Center -NSC
Labor Cleared - March 2005
I-140 Cleared Dec 2005
I-485 Sent 07/25/2007
Receipt Date - Not yet
Service Center -NSC
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watzgc
08-25 07:34 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
GooglgeGC, which is ur processing center?
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
GooglgeGC, which is ur processing center?
more...
2ndJuly
08-13 11:30 AM
EAD USCIS Recieved Date: 03-July
EAD Status Cahnged to Card Production Ordered: 12-Aug
EB3
EAD Status Cahnged to Card Production Ordered: 12-Aug
EB3
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gc_check
07-02 09:01 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
Its the old link.... No updates yet
more...
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neelu
05-23 01:02 PM
Just started calling.
Started with New Hampshire senators (state where I live). The person from senator Gregg's office interestingly heard to what I said and took my message and details. Said that he would pass it on to the Senator.
The person from senator Sununu's office wasn't bad either.
Started with New Hampshire senators (state where I live). The person from senator Gregg's office interestingly heard to what I said and took my message and details. Said that he would pass it on to the Senator.
The person from senator Sununu's office wasn't bad either.
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akkakarla
10-08 04:51 PM
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Getting laid off from work is not someother's problem. Layoffs is common phenomenon and nothing can be done about that. So how can you tie that to the green card??
more...
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manja
11-17 03:39 PM
Done for TX. Thanks!
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kataria
11-19 01:55 PM
Email to House Rep and Snail Mail to Senator. Done for both me and spouse.
more...
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fightnow
07-11 02:24 PM
Can anybody point me to the other thread about quotes from American president? I could not find it.
Thanks a lot.
Thanks a lot.
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jaocanada
07-10 02:53 PM
I have arranged to send the flowers so they reach USCIS on 10 July.
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.
Let's keep this effort on..
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drak70
11-21 11:26 AM
Dear Mehul
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
Best Wishes for your and your family
My suggestion would be that probably doctors have discovered metastatic cancer and have give you the prognosis.
For your visa
It seems you have already cleared most hurdles
1) Talk to a immigration lawyer
2) Talk to USCIS and ask for "Humanitarian Expedite". Call or fax them the document ask you doctor to write the letter
3) get media attention: write to local congressman,senator and the local media TV stations to expedite your case
4)Dont delay any day. Once you create an expediate request they are bound to act on it.(by either rejecting it or accepting it). The point is make an official request without delay
In a similar situation i would try to straigten out few things
First is finance Security :
1)Try to transfer control and custody of all financial instruments to you wife name
2)is you wife working if not try to get job on H1b.(not EAD) Cap exempt HIB from university affialted jobs are alsways available or get her to a school on f-1
What does you wife want.She may not want to stay here if she does not have extended family.Talk to her.Ask here
Lastly Get an second opinion from Indian APollo etc they may do life prolonging surgical procedures (which doctors here might not be willing for many reasons ...this will get you enough time that your green card is appoved
surabhi
04-23 03:50 PM
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
desi3933
06-27 11:41 AM
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.
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
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
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.
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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