
diptam
06-27 09:54 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
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.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
wallpaper The Eve Of War

desi3933
07-10 03:32 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin

Saralayar
08-24 07:40 PM
Bump...
2011 War of the Worlds (2005)
andycool
08-25 06:41 AM
The Last updated date for my I -485 application is showing as 8/24/2010 now.
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
What does that mean ?
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
more...

GC08
07-08 12:38 PM
Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.
And also recapture lost visa #s in previous several years automatically and increase efficiency in adjudicating cases (including name check, etc.). :D
And also recapture lost visa #s in previous several years automatically and increase efficiency in adjudicating cases (including name check, etc.). :D

leoindiano
02-04 09:25 AM
I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
more...

pappu
02-01 09:42 AM
IV effort needs 50 thousand dollars to make sure we can meet our immediate needs and also make a big impact via this advocacy day event. There are several large and small expenses like booking hotel conference room near Capitol hill for organizing the event/situation room, Organizing reception for lawmakers, their staffers, and administration officials to attend, creating advocacy packets for each appointment taken, advocacy firm fees for helping out with a large event like this etc. We can plan more ideas like Press briefing event, full page ads in national newspapers if we can have sufficient resources. This event will most certainly bring our issues to the national center stage and help us get much needed immigration relief in the months ahead. IV is starting this campaign ahead of time to better plan and execute our advocacy day (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html).
We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.
This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.
Checks can be mailed to
Immigration Voice
3561 Homestead Rd #375
Santa Clara, CA 95051
We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.
Volunteers who want to keep track of the contributions and provide encouragement, please contact me.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thanks
Team Immigration Voice
We are a small grassroots organization with a strong resolve and when we all pool in our energies, intelligence and resources; we can all collectively create wonders. We do not want our limited funds to stop us from going all out. Despite our full time jobs, IV core is committed to work harder and we are happy to have the asset of a large IV community to support us in this mammoth task.
This post is to urge everyone to come forward and help yourself in this short term funding drive. If you have not contributed till now, please consider contributing. If you cannot make it to DC due to personal or professional reasons then do show your admiration for our effort. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort. Times are tough for any immigration relief and in tough times we have to work harder to get anything done. Your contribution, words of support and enthusiasm helps everybody to maintain higher level of motivation which is so important for this kind of community effort. It is up to each member if you feel from your heart to contribute towards this cause. If you decide to contribute, you can either easily contribute via our website page (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) or you could send us a check. We suggest individual contributions of $50/$100 to cover the cost of this event.
Checks can be mailed to
Immigration Voice
3561 Homestead Rd #375
Santa Clara, CA 95051
We request each and every member reading this post to please contribute and post your donation amount on this thread for tracking purposes. We will continue to post updates that will make us all feel proud and part of this organization. Thank you for your support. Please keep it up.
Volunteers who want to keep track of the contributions and provide encouragement, please contact me.
Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)
Thanks
Team Immigration Voice
2010 View War of the Worlds (2005)

lotres
11-21 03:29 PM
Dear Mehul,
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
more...

dingudi
02-05 11:38 AM
No FP yet for me too.July 2 filer. Application at TSC.
hair [ WAR OF THE WORLDS POSTER ]

BharatPremi
11-21 09:18 PM
Mehul
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
more...

skd
05-29 07:29 PM
sent the emails to senator/s
hot War Of The Worlds cartoon 3

vinabath
03-26 11:37 AM
Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
more...
house quot;WAR OF THE WORLDS”

doshhar
07-08 07:54 PM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
I can gather 100+ people from Chicago..
tattoo View War of the Worlds (2005)

clockwork
07-02 08:37 AM
Hi Guys,
What does your fedex package delivery status say? Out for delivery?
What does your fedex package delivery status say? Out for delivery?
more...
pictures images war of the worlds movie

wait_2010
02-25 01:06 PM
Cannot make it to DC..Contributed $100 with tran ID 0941-3918-8124-2866..Thanks to all who are going there..
Reaching out to friends to get more contributions
Gud luck to us all
Additionally , I saw a post about "5 reasons to not contribute" that was a gud one. I will bump that one up ...I am surprised that we cant get a 1000 people to contribute some money..An avg of $50 will get us beyond $50,000 (Obviously we dont need even 1000 people because many will contribute 100 or more) ..There just too many leaches who wait for others to do thier job..
Reaching out to friends to get more contributions
Gud luck to us all
Additionally , I saw a post about "5 reasons to not contribute" that was a gud one. I will bump that one up ...I am surprised that we cant get a 1000 people to contribute some money..An avg of $50 will get us beyond $50,000 (Obviously we dont need even 1000 people because many will contribute 100 or more) ..There just too many leaches who wait for others to do thier job..
dresses war of the worlds movie

JunRN
09-12 05:53 PM
My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
my I140 was cleared in Texas. So far nothing.
Its good to hear July 31st people getting updates.. gives me reason to cheer!!
A
Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.
Hopefully, your Receipts will come soon.
more...
makeup The War of the Worlds - 11 x

GCStatus
09-15 02:36 PM
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
girlfriend Movie #198 War of the Worlds

Naveen
05-04 07:21 PM
Guys -- A Person who files for I-140/I-485 under EB1/2/3 is considered an EB Based Principal Beneficiary. All his/her dependents are termed derivative beneficiaries...meaning they eligible for lawful permanent residence under the same employment-based preference category as the principal beneficiary. The derivatives will have all the attributes of Principal and hence counted against EB quota.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
To oversimplify -- All the benefits of the Principal is passed on to the dependents. Principal is EB2 and so the child even though he is 6 months old is also eligible for EB2. hence the term Principal beneficiary and Derivative beneficiary.
hairstyles War of the Worlds (2005)

jfortune
06-27 10:05 AM
The VP signed the letter and asked me to let him know when I get green card. He will throw a party to celebrate!
a2006
05-02 03:06 PM
I think IV core has some concerns regarding the correctness of the legal advise that you received from your attorney. Let us wait for them to clarify.
rajusk
11-21 01:20 PM
Friends,
For all those who are from India or believe in the Hindu gods and are ready to offer a prayer for Mehul.
Here is a link --> http://www.geocities.com/siddhaashram/Mahamrityunjaya.htm
Read it about 108 times on his behalf preferrably on Monday or you can do it 11 times until December 8th as this is an auspicious month for Lord Shiva.
Good luck Mehul. I also sent you a PM.
For all those who are from India or believe in the Hindu gods and are ready to offer a prayer for Mehul.
Here is a link --> http://www.geocities.com/siddhaashram/Mahamrityunjaya.htm
Read it about 108 times on his behalf preferrably on Monday or you can do it 11 times until December 8th as this is an auspicious month for Lord Shiva.
Good luck Mehul. I also sent you a PM.
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