logiclife
10-08 06:00 PM
All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?
A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.
Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".
I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.
All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.
You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.
I will give you an example, and since you work for Government, I believe you will understand this easily.
I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".
Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.
Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".
And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.
And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
wallpaper Natalie Portman and Hayden
gkattalu
08-20 08:57 AM
My wife and I just received the email about card production order. And, ou4 case status has changed on the website to CPO. I wish good luck to all of you. In case it helps, anyone, our details:
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
Priority date: Feb 26, 2006
I-485 Receipt date: Jul 27, 2007
Steps taken:
SR opened for my petition around July 17th: Response stated that my petition was in the adjudications department, and was for an officer to be assigned.
Status enquiry through the local congresswoman Aug 12th: Same result as my SR.
SR opened for my wife Aug., 10th: No response yet
Infopass appointment on Aug. 16th: Both petitions with an officer since Aug. 12th.
I appreciate the forum and all the support it offers. Donated last month.
I hear you. Goodluck to us!
ras
11-22 03:24 AM
I sent an email to attorny murthy and ILW.com to help Mehul in what ever possible way. Folks send out an email to your attorny as well to see if they could be of help in this difficult situation for Mehul.
2011 dresses York (Natalie Portman
sina
08-27 01:20 PM
Case was filed on July 6th (485, 131 and 765). Not sure when it reached NSC.
I-140 approved from TSC in 2006.
No receipts and no checks cashed yet.:(
I-140 approved from TSC in 2006.
No receipts and no checks cashed yet.:(
more...
apb
09-15 04:45 PM
We paid money and asking for proper transparent service. There are so many inconsistencies about the way USCIS/DOS operate and utter lack of transparency in case handling. Added to this the process is complicated forcing us to spend $$ with lawyers. If I am paying money I need to know how USCIS is going to give me the service. And once known, USCIS should make it transparent so I know that they are sticking with it. THere was an excellent compilation that I saw few days back about the inefficiencies in USCIS.
We cannot accept that they have 1million application and so they are faltering. If they cannot handle that many why take $$ from us. They could had streamlined resources/applications, etc.. but why is it my problem. I have been lawful and following all the rules. Now when will it ever be USCIS/DOS turn? Investing 10 + years in US and going back is not acceptable...
We cannot accept that they have 1million application and so they are faltering. If they cannot handle that many why take $$ from us. They could had streamlined resources/applications, etc.. but why is it my problem. I have been lawful and following all the rules. Now when will it ever be USCIS/DOS turn? Investing 10 + years in US and going back is not acceptable...
chantu
08-26 06:41 PM
My wife got EAD approved on 16th Aug and I got my approved today. I do not know why 10 days of delay.
One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!
One thing I noticed is within last week or so, lot of people are receiving EADs and I485 processing is slowed down. I think now they are concentrating on EADs and come sept they will again jump to 485s. Just a guess!
more...
srinithati
12-15 11:38 PM
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
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drirshad
09-03 06:13 AM
I am one of the July 2 filer and calling the level 2 does not help should I check the TSC than NSC with them for my 485 app or it does not matter, my 140 was approved from NSC with April 2005 priority ....
more...
SunnySurya
08-18 02:02 PM
Is there anyone who is with me, anyone at all? I need around 15 people to kick this off...
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
I am just looking for three things
a) A letter that we will jointly send to few people. Urging them to follow a fair system.
b) Talk to your lawyer to discss with AILA
c) Talk to you chapter leader.
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jai007
09-12 04:16 PM
My I-140 is pending in TSC. I have applied I-485 for self and wife on July 18. Received by K.Lawson in NSC on July 19th 9.29 AM.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
more...
mallu
12-16 08:18 PM
I consider the 30-40 range 'golden' years . Enough experience to handle various things without much botheration of senility. Depression is not continuous, but comes once in a while. Currently i am optimistic that India EB2 will move forward starting Oct.2008 and my PD of Nov.2002 will become current some time in 2009 and i will be inching to 10 years of SSN eligibility.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
I also have following kind of worries too, which haunt me often.
Being the 'only son' there is a big emotional pull from the parents to take care of them. But am worried about 'transporting' the American citizen kid back to India ( like them adjusting to the culture there ). Now my batch mates who got GC ( because they came early to USA and got lucky. One India EB2 friend - applied PERM in 2005 & I-485 in 2005 - got his GC in Aug 2007 ! ) , aiming for citizenship , then they want to move to India and plan to bring up kids there. And when they are 'ripe' for higher studies, march back to USA.
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dhesha
08-14 08:03 PM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
more...
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suresh1
08-20 09:29 AM
140- approved by TSC 6/06
LUD - 7/28/07
485 - sent to NSC on 7/03..
No response yet..
LUD - 7/28/07
485 - sent to NSC on 7/03..
No response yet..
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walking_dude
06-27 09:21 PM
A note to my fellow IV members - I am not after the $42/Hr job. Good luck in finding a US citizen to do this job. I was wrong about EEO, it is actually IRCA which prohibits discrimination in recruitment and hiring.
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
But the point remains - visa status based discrimination is illegal not matter which law is being violated, and must be highlighted. We have to correct the misinformation spread by anti-immigrant groups that most jobs are "reserved for H1Bs", while the reality is different. Most jobs are "reserved" for American workers (although such reservation is illegal under IRCA). We have to provide the proof that the myth of "thousands of jobs reserved for foreign workers" in nothing but a myth. My posting is a small step in that direction.
Here is another one in the continuing series of exposing the highly prevalent illegal hiring practice. I request everyone to start posting similar job-ads you get from recruiters. Once we get a hundred or more ads here, we can start E-mailing the links to the media.
-------------------------------------------------------------------------------------------------------
fromPatricia (Vyshnavi Infotech) <patricia@vysinc.com>
to"Patricia (Vyshnavi Infotech)" <patricia@vysinc.com>
dateMon, Jun 1, 2009 at 12:56 PM
subjectJobs for Web logic consultants
HI,
This is Patricia Evan. I have the below position for one of my clients. If you are interested in this position please send me your updated resume.
Web logic Java Consultant
Duration is 6 months.
Location is Connecticut
Must be US Citizen
Looking for a Weblogic Java Consultant with strong pharmaceutical experience
this person will be building webpage’s and build controls to access database Page flow development for a portal that supports my clients clinical trial tracking process. This internal/external portal
allows documents to be accessed and uploaded, etc.
The successful candidates should have the skills mentioned below and also know how to debug problems, how to configure into weblog console, and query a database to join tables. Client will teach the business processes.
Must Haves:
Deep development skills
Weblogic Admin tool 10.2
Apache Beehive Page Flow
Database controls
Java/JSP
Strong SQL
Oracle 10G (preferred)
AJAX
Java Script
Candidate must have all of above….strong Apache Beehive Page Flow is key to position.
Regards,
Patricia Evan
IT Recruiter
Vyshnavi Infotech INC
Herndon, VA 20170
PH : 703-793-1868 Ext 211
Fax: 703-547-0135
Email:patricia@vysinc.com
Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)
But the point remains - visa status based discrimination is illegal not matter which law is being violated, and must be highlighted. We have to correct the misinformation spread by anti-immigrant groups that most jobs are "reserved for H1Bs", while the reality is different. Most jobs are "reserved" for American workers (although such reservation is illegal under IRCA). We have to provide the proof that the myth of "thousands of jobs reserved for foreign workers" in nothing but a myth. My posting is a small step in that direction.
Here is another one in the continuing series of exposing the highly prevalent illegal hiring practice. I request everyone to start posting similar job-ads you get from recruiters. Once we get a hundred or more ads here, we can start E-mailing the links to the media.
-------------------------------------------------------------------------------------------------------
fromPatricia (Vyshnavi Infotech) <patricia@vysinc.com>
to"Patricia (Vyshnavi Infotech)" <patricia@vysinc.com>
dateMon, Jun 1, 2009 at 12:56 PM
subjectJobs for Web logic consultants
HI,
This is Patricia Evan. I have the below position for one of my clients. If you are interested in this position please send me your updated resume.
Web logic Java Consultant
Duration is 6 months.
Location is Connecticut
Must be US Citizen
Looking for a Weblogic Java Consultant with strong pharmaceutical experience
this person will be building webpage’s and build controls to access database Page flow development for a portal that supports my clients clinical trial tracking process. This internal/external portal
allows documents to be accessed and uploaded, etc.
The successful candidates should have the skills mentioned below and also know how to debug problems, how to configure into weblog console, and query a database to join tables. Client will teach the business processes.
Must Haves:
Deep development skills
Weblogic Admin tool 10.2
Apache Beehive Page Flow
Database controls
Java/JSP
Strong SQL
Oracle 10G (preferred)
AJAX
Java Script
Candidate must have all of above….strong Apache Beehive Page Flow is key to position.
Regards,
Patricia Evan
IT Recruiter
Vyshnavi Infotech INC
Herndon, VA 20170
PH : 703-793-1868 Ext 211
Fax: 703-547-0135
Email:patricia@vysinc.com
more...
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vactorboy29
11-21 04:22 PM
I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
Dear Members,
If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.
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chi_shark
07-10 02:46 PM
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
more...
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gauravster
07-08 03:48 PM
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.
girlfriend Name: Hayden Christensen
ash0210
03-09 12:08 PM
Here is my story...When I came here 12 years back, for initial 3 years I did not applied for GC. Then I started my GC with a employer, company lawyer kept on saying that he filed my GC for one & half year but he did not...One fine morning, I realized that my lawyer was seating on my papers as per instructions from HR..lost around 2 years there. After talking to HR, lawyer filed LC and LC was approved thereafter two & half years..Unfortunatley, at the time of filing I-140, company declared "Bankruptcy" and once agian I was on the road. Joined new employer. New employer said I have to complete one year to file GC. After one year filed LC, my I-140 approved and last FOUR years on EAD. This roller coster is because of...I am from "Retrogressed" conuthry and PD is getting retrogressing now & then...
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
Still feels that GC is just a part of journey of my life...
Ash0210, how come you have been here for 12 years without GC?? Can you tell me?
hairstyles Hayden Christensen, Next On
number30
05-01 10:48 AM
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
man-woman-and-gc
09-15 02:46 PM
It's just hidden but when you do export to csv it shows everything. This is not secure. Please be careful with sharing your phone # on public domains.
Folks...I was told once by an IV core member ' This is the land of the fearless' and therefore we should not fear abut simple things like like sharing our email ID or ph#.
However, keeping this concern in mind that may prevent some members from supporting, i have removed the email ID and ph# column from the public spreadsheet. I will maintain a separate spreadsheet with list of email ID's and ph# so that we can get in touch as soon as it is time for some real action.
Thanks.
Folks...I was told once by an IV core member ' This is the land of the fearless' and therefore we should not fear abut simple things like like sharing our email ID or ph#.
However, keeping this concern in mind that may prevent some members from supporting, i have removed the email ID and ph# column from the public spreadsheet. I will maintain a separate spreadsheet with list of email ID's and ph# so that we can get in touch as soon as it is time for some real action.
Thanks.
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
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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.
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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
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