neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
wallpaper goldfish bowl decorations.
sanju
02-26 05:08 PM
Ok. Time out suriajay12.
Tell me one thing - Why do you expect IV core to spoonfeed everything to you and your friends. If you and your friends are raring to go and do something for the retrogressed community, why not come forward with ideas and show some efforts, instead of just harping on a forum with a bundle of dollars in your hand! Remember, IV is made up of you and me, and it's you and me who can make all the difference. It's very easy to sit on the sidelines and talk. And one more thing - "Have a positive attitude" about everything (life, IV, GC etc) and you will notice how much your point of view will change for better.
The best advice I have for you is to join your state chapter because IV does lot of its planning and strategy implementation behind the scenes. That way you will know more about IV's current and future plans, and will be able to contribute in a positive manner.
Green.Tech,
Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.
Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.
Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.
.
Tell me one thing - Why do you expect IV core to spoonfeed everything to you and your friends. If you and your friends are raring to go and do something for the retrogressed community, why not come forward with ideas and show some efforts, instead of just harping on a forum with a bundle of dollars in your hand! Remember, IV is made up of you and me, and it's you and me who can make all the difference. It's very easy to sit on the sidelines and talk. And one more thing - "Have a positive attitude" about everything (life, IV, GC etc) and you will notice how much your point of view will change for better.
The best advice I have for you is to join your state chapter because IV does lot of its planning and strategy implementation behind the scenes. That way you will know more about IV's current and future plans, and will be able to contribute in a positive manner.
Green.Tech,
Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.
Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.
Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.
.
alwayson
02-01 10:07 AM
goti kalti maar....:)
2011 The Goldfish Bowl
GCBy3000
04-06 04:12 PM
yes that is true. I did not had any problem with mortgage. Atleast as of today, it is illegal to deny mortgage based on immigration status. If you have any idea of buying a house, it is better to do it before any law changes if at all there is one in the pipeline as you(madhuri) suspect.
It is all how you see your life. Just concentrate your energies on positive stuff you have. This will bring you more energy and most importantly, it will bring more for those who sorrounds you like your family. Peace in family is very important to pursue anything in life and especially career and that too as an immigrant in US without GC.
I know many people who bought home while on H1B, including me. I did tell the Bank/Credit Union, I'm on H1B and my application for GC is under process and all they requested is to provide a letter from my employer about my employment, my h1b papers, etc and I'd no problem in getting a Mortgage Loan. This was a year back.
It is all how you see your life. Just concentrate your energies on positive stuff you have. This will bring you more energy and most importantly, it will bring more for those who sorrounds you like your family. Peace in family is very important to pursue anything in life and especially career and that too as an immigrant in US without GC.
I know many people who bought home while on H1B, including me. I did tell the Bank/Credit Union, I'm on H1B and my application for GC is under process and all they requested is to provide a letter from my employer about my employment, my h1b papers, etc and I'd no problem in getting a Mortgage Loan. This was a year back.
more...
walking_dude
10-08 02:42 PM
Have you been hit on the head by a hammer? I see a future Ron Hira in you.
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
GC was, is and will be a game of Inky-Pinky-Ponky with or without retrogression. There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
..... I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky.....
saisujatha123
05-12 11:40 AM
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card
http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card
http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html
more...
simple1
05-01 03:21 PM
I second that. Technically they should not be. thanks MCQ, H1 and H4 is a great example
If at all they are counted they must be counted in FB2A not EB.
Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.
as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
If at all they are counted they must be counted in FB2A not EB.
Honestly, I don’t care if they are counted or not. Why would 5 year old kid get counted in EB quota. I don’t get it.
as long as they are not counted in EBquota. There is no legal basis for that. Or atleast I could not find one.
I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.
2010 Goldfish Bowl - Bagden Hall
sayonara
09-06 09:15 PM
Hi all,
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
more...
unitednations
03-08 03:17 PM
I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
hair The Goldfish Bowl
eager_immi
12-12 03:16 PM
Does anyone know what bill was AC21 attached to in Clinton's Administartion. That will give us some clue what bills we can tag to. I know the world is really very different after 9/11 but this is something we should look into to see what worked before might work again.
more...
cjain
11-01 04:48 PM
manderson,
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".
cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.
hot tropical fruit centerpiece
coopheal
11-18 01:04 AM
Done
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house 2010 Goldfish Bowl-Bird King
crazy_gc
06-09 06:37 AM
got receipt notice dated 6th of june for 140 premium processing and got call from employer on 8th of june evening saying the case has been approved. approved in less than 3 days.
tattoo Centerpieces goldfish bowl
life99f
07-08 09:12 PM
It doesn't matter.
Chicago and DC , or other cities . We can make it happen at same day.
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
Chicago and DC , or other cities . We can make it happen at same day.
Forget aboit other cities ,Here we are not able to get enough people in DC , which is having a decent community .If you planning to get 100 in chicago , can you make i to DC nbext weekend .
more...
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spulavarthi
09-03 04:19 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
sk2006,
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
sk2006,
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
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anzerraja
07-20 01:21 AM
Thanks venkygct !!!
I pledge $100
I pledge $100
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TheOmbudsman
10-25 09:13 PM
One more dreamer.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
girlfriend A wedding table centerpiece
RandyK
11-21 02:45 PM
Mehul,
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
I don't know what to say, I have been thinking all day about what you may be going through.
Then I thought of what I would do if I were in your situation... I thought of people like Lance Amstrong and many others who have battled hard and have proven doctors wrong.
Like many here suggested, get a 2nd or 3rd opinion.
I hope and pray that you will find that inner determination to fight back.
We are all behind you!
hairstyles Photos :: Table Jewels Wedding
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.
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Green Card holder since May 2002
desi3933 at gmail.com
narendery
08-18 11:52 AM
I received the below emails
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
mahujam
07-31 02:02 PM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
Are AP's being approved faster ?
When did you apply ?
Are AP's being approved faster ?
When did you apply ?
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