gjoe
10-04 07:14 AM
I am 5July filer, I got my RN on 10Sep but no FP notice till date
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diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
ramprabhum
07-20 12:04 PM
I am a new member joining the IV team.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
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dixie
12-11 04:27 PM
Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
more...
kshitijnt
04-23 08:39 PM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
manderson
10-05 10:34 AM
Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
Am I the only one who thinks that if Democratics takes over the House, we are screwed?
more...
thomachan72
05-23 08:25 AM
You seem to be acting more in your interest than larger good of the members of this community. You have been quietly browsing all this time and suddenly became a member and starting whining and complaining of what IV is doing. You don't need to get hyperactive and start freaking out. Relax and do what IV is requesting you to do at this time. There are a lot of items & issues IV is working on and they have prioritized some of them as very important which affects the larger members of this group. These important ones are what they are concentrating for now. If you do not like what IV is doing, you are more then welcome to move on and do what pleases you. But please stop discouraging & instigating other members with your stupid comments.
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
I apologize if the post sounded discouraging / instigating to members. I do completely support IV team, particularly because it is a collective decision made by a dedicated group which certainly would be much more wise than what I think with my limited awareness on this whole issue. Yes indeed as somebody pointed out--if the backlog is removed completely there would not be a need for H1b 3 year renewal.
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SGP
11-19 02:40 PM
Nothing for Legal Immigrants, but any ways below is his response.
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
Dear XXXXXXXXX:
Thank you for contacting me to express your support for S. 729, the DREAM Act of 2009. Your opinion is very important to me, and I appreciate the opportunity to respond to you on this important issue.
You will be pleased to know that I am a strong cosponsor of the DREAM Act and am fighting tirelessly to enact this critical legislation into law. As the first person in my family to attend college, I can personally attest to the vital importance of a quality education. The DREAM Act, would give countless innocent children the same opportunity I had—to fully reach their potential and fulfill the American Dream. In doing so, it will give our country thousands of new doctors, teachers, pilots, and servicemen. It is a win-win situation for both those who would directly benefit from this legislation, as well as our country as a whole.
Those that oppose the DREAM Act believe that children should pay the consequences for their parents' mistakes. They believe that children who were brought to this country by their parents without the proper documentation or were kept in this country by their parents without the proper documentation should not be allowed to get an American education. That is not only wrong, but it also goes against who we are and what we stand for.
While the DREAM Act has yet to be passed, you may rest assured knowing that I will continue to fight until every child in the United States has the opportunity to reach the American Dream. Anything less is simply un-American.
Again, thank you for sharing your thoughts with me. I appreciate your support. Please do not hesitate to contact me if I may be of more assistance. I invite you to visit my website Robert Menendez - US Senator for New Jersey: Home (http://menendez.senate.gov) to learn of other important issues to New Jersey.
Sincerely,
Robert Menendez
United States Senator
more...
arindamb
10-08 06:55 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
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hsingh82
02-25 06:31 PM
$25 sent by online check.
more...
amitjoey
07-09 04:57 PM
Please use the resources already available, there is a write up, also there is a pdf and a html version by english_august.
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tonyHK12
02-25 09:34 PM
Your transaction ID for this payment is: 1KJ77263D2760803K.
Just contributed another $50 feeling better.
thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
So its up to us to work extra hard to achieve things that will benefit 500,000 people.
Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.
Here's the facebook link:
Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
.
Just contributed another $50 feeling better.
thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
So its up to us to work extra hard to achieve things that will benefit 500,000 people.
Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.
Here's the facebook link:
Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
.
more...
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logiclife
06-20 10:33 AM
No one has to do a vote on scrapping CIR. The absence of any activity towards appointing a conference committee and scheduling a conference committee to reconcile differences between House immigration reform bill(HR 4437) and Senate immigration reform bill (S 2611) would cause both bills to stay as-is in house and senate respectively without making any progress towards becoming a law.
No one has to formalize this. Not working on it is good enough to kill reform. I dont think anyone is going to come out and say "CIR is dead". However, if house and senate leadership indicate that "we need more time to read Senate's bill", or we need more time to understand and "Hold hearings" etc, its evident that they want to throw roadblocks and postpone it. Which is the same as pushing the bill to its grave.
No one has to formalize this. Not working on it is good enough to kill reform. I dont think anyone is going to come out and say "CIR is dead". However, if house and senate leadership indicate that "we need more time to read Senate's bill", or we need more time to understand and "Hold hearings" etc, its evident that they want to throw roadblocks and postpone it. Which is the same as pushing the bill to its grave.
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snathan
04-20 10:19 AM
Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
more...
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chanduy9
07-05 11:14 AM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
We are not insulting any one....we are just tring to convey our feelings and the pain we are taking by just changing the bulletin. This much better than RALLY or any other way.
Thanks,
Chandra.
We are not insulting any one....we are just tring to convey our feelings and the pain we are taking by just changing the bulletin. This much better than RALLY or any other way.
Thanks,
Chandra.
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h1b_forever
06-26 11:16 AM
There were times when people with certain disease were discriminated against.
Now that seems to be happening to people with EAD / GC(sometimes).
Now that seems to be happening to people with EAD / GC(sometimes).
more...
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seshuvaidehi
08-25 06:32 PM
Reached application to NSC on 7/23. No checks cashed yet.
Anybody else there with 7/23 received date?
Anybody else there with 7/23 received date?
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anil_gc
08-09 10:37 AM
Anil,
Did you notice any change in the LUD of your pending or previously approved cases??
No, I have not created an online account
Did you notice any change in the LUD of your pending or previously approved cases??
No, I have not created an online account
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gcformeornot
03-27 07:25 AM
service rep. I tried calling could not find a way to talk to somebody to create SR. Can anybody help? What are sequence of numbers after calling 800 number...
Thanks.
Thanks.
pittdude
02-12 07:03 AM
Will send a check for $50 today and tell family and friends.
eb3stuck
06-27 12:49 AM
Santosh,
I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.
Can we all concentrate on this and take one at a time.
What do we all have to do toward the efforts on this?
eb3stuck
I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.
Can we all concentrate on this and take one at a time.
What do we all have to do toward the efforts on this?
eb3stuck
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