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, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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Sakthisagar
11-18 09:37 PM
Done!
abq_gc
08-18 03:29 PM
Abq_gc,
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.
I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
( playing too much of the RTS games because of the apparent frustration ..)
Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.
All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done
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sweet_jungle
11-06 04:16 PM
just sent e-mail to ombudsman. I would encourage all of you to send e-mail regarding FP delay. it did help in getting receipt notices. Please do it for FP also.
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
more...
JunRN
08-27 05:35 AM
Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....
Libra
07-06 10:40 PM
I am in Minneapolis, if anyone planning to do anything for this cause, I am in.
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amitjoey
11-17 04:40 PM
Please also send the text by email to the staff you have rapport with at the congressional offices.
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WaitingYaar
02-07 11:21 AM
If you use AP you enter the US as a "parolee". (Is that how you spell it?).
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
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nousername
01-30 02:29 PM
Thanks sledge for your support.. That's exactly what I meant. One should at least have a job before applying for H1. I am in totally favor of H4 visa holders to be able to work. There are so many highly educated and talented people out there who are stuck at home or school because of H4 work permit law.
I wish good luck to all H4 visa holders and other people who are stuck in this immigration system.
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
I wish good luck to all H4 visa holders and other people who are stuck in this immigration system.
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
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akhilmahajan
02-12 09:38 AM
Thanks a lot everyone.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
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sroyc
11-21 03:48 AM
Sorry to hear about your situation. I would suggest that you talk to a good immigration lawyer about this.
In the worst case scenario, if your wife has an EAD she can try to find a job and ask her company to sponsor an H-1B.
I hope things take a turn for the better for you and your family.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
In the worst case scenario, if your wife has an EAD she can try to find a job and ask her company to sponsor an H-1B.
I hope things take a turn for the better for you and your family.
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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abq_gc
08-19 12:17 PM
everyone here is in favor of supporting BILLS and what not for recapturing VISA's and stuff.. but I believe Prevention is better than cure... why do we have to support or introduce these BILLS in the first place.. if USCIS had worked effeciently all these years ? I think instead of introducing BILLS after 5 years to recapture VISAa why cant we do something to make USCIS efficeint right now ??
Make USCIS more transparent and efficient -- that should be the GOAL.
Make USCIS more transparent and efficient -- that should be the GOAL.
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nousername
01-30 05:38 PM
Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]
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snehaledu
09-20 09:47 AM
Hi All,
My application reached NSC on Jul 10, received by R.Cook, but till now no receipt, no checks cashed. My application was sent from MA.:(
My application reached NSC on Jul 10, received by R.Cook, but till now no receipt, no checks cashed. My application was sent from MA.:(
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vij
06-14 02:56 PM
Mine was filed on 06/01. No receipt so far.
Are you checks cashed?
Are you checks cashed?
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ajju
02-05 07:28 PM
Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...
PM me if you've any specific concerns... I'll be glad if I can help...
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
I did it myself about 5 years back (Aug 2002).. Got approved (Jan 2004) and landed for about 3 days (May 2004) and given friend's address for PR card mailing. He mailed it to my US address... But later I decided to give up Canadian PR for personal reasons... But still it was peace of mind for next 3 years... (2 out of 5 years to maintain PR)...
PM me if you've any specific concerns... I'll be glad if I can help...
more...
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a2006
05-02 11:31 AM
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
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avi
12-18 03:48 PM
anyone from July2 filers here waiting for FP notice still?
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
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bostonqa
06-11 01:21 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
Jyotsna
09-10 07:10 PM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.
indrachat_75
02-24 06:24 AM
I just donated $100, "Your transaction ID for this payment is: 0P617419CG619635X.".
Unfortunately I can't participate for the event.
Unfortunately I can't participate for the event.
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