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  • 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




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  • desi3933
    06-26 09:04 AM
    .
    For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.

    Now, in order to qualify as person who has been wrongly discriminated
    1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
    and
    2. he/she MUST have applied for the job.

    Employer can not discriminate because of
    1. Expiry date of EAD
    2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)

    Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.


    ________________________
    Not a legal advice.
    US citizen of Indian origin




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  • gc_on_demand
    02-17 05:38 PM
    Folks

    Please contribute for your self.




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  • VivekAhuja
    03-18 06:36 PM
    By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.



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  • vivache
    05-16 02:13 AM
    Yes .. you can start a company on h1 ..
    but as per h1 laws .. you can only work for your employer
    So essentially you cannot do any work for your company .. no soliciting business, HR .. nothing.
    So what you do is partner with someone who is on GC .. so you can get work done .. or hire employees for everything.

    Starting company is easy LLC, C, S corp .. no issues




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  • saisujatha123
    05-11 02:35 PM
    What location?
    How and where do we send flowers to obama?



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  • mumbai
    02-24 10:20 AM
    Contributed $50 to this.
    Paypal transaction ID for this payment is: 67A1893865488893N.




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  • gccovet
    02-09 02:43 PM
    Thanks Akhil,

    Here are the details:

    Payment Sent (Unique Transaction ID #1E592259U64890231) $25

    Thanks.

    Thank you Chantu, good luck for job, I hope and pray you get it soon...

    11 contriburotrs so far.. total=353.00



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  • man-woman-and-gc
    09-16 10:40 AM
    Dudes & Dudettes,

    Hasnt the issue of processing order been beaten to death?

    I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?

    USCIS can always pull the security reason trump card here.

    moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?

    We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.

    My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)


    What do we have to lose here by this effort:
    1) $100 or so
    2) A few hrs of effort in mobilising and motivating people

    What do we have to gain:
    1) A sense of unity if we can get anywhere close to 1000 supporters
    2) A chance to win against years of injustice and broken system.

    Comparing both...I'm definitely in.

    Also, we will leave it to the Lawyers to make the case..we all know it is a broken system and loopholes in it definitely will form a case. However, all that are talks up in the air if we cannot have 1000 people support this. First and foremost, we have to create a sound force. Only then we can talk about a future step. With a thousand pledged supporters and 100 grand behind us, we should not underestimate the force.




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  • nousername
    01-30 05:38 PM
    Thanks for your suggestions and comments but we don't need H1 anymore.. She is using EAD.



    Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).[/QUOTE]



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  • Jaime
    06-27 02:22 AM
    Jamie:

    I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.

    Moderator, sorry I broke my promise. But this is the last I will say on this.

    Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).

    1. Allow people to file for 485 and get EAD even if visa numbers are not available
    2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).

    The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.

    With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?

    By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.

    Santosh

    Santosh:

    Your post is good and you are focusing on our IV goals. Thank you for your comment. I will just say though that, as everybody knows I just reacted to others' attacks and never implied that anyone is better than anybody. People who have read my posts know my admiration for India and my belief that it will be Americans who will fight to get a job there one day. The numbers I shared are not "blinding me by my own bias" like you say at all. I fact, I used numbers in order not to be biased and rather to be fair. I just responded to some ignorant comments by some people. I have been to India and hope to go back, and have many great friends from there. What discouraged me is that some people will attack my country especially in a forum where that doesn't belong and where we are all trying to help each other. Any divisions among us are a victory for our detractors. I hope you understand. Let's focus on helping each other going forward, and let's all be friends! Thanks.




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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.



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  • subba
    07-07 09:40 PM
    This is what my lawyer mailed us today (I have always had good service from him):
    In my very initial thoughts, on July 2 and July 3, I believed the lawsuit had no chance; but in following this more closely and doing my own research, I think increasingly that the lawsuit has merit. USCIS and DOS appear to have violated various of its internal rules and arguably actual statutes and regulations in handling all this.


    Not that I am holding my breath, but just wanted pass it on....




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  • kysrek
    06-14 03:40 PM
    It was applied to Nebraska. But I guess it was forwarded.



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  • gckalafda
    03-25 04:30 PM
    I have postponed my finger prints when I was in India back in Oct 2007, and I haven't got yet, should I ask them send it again or should I wait untill they send it to me.

    I heared some where in the forum that when your comeback to India they took fingerprints at the prot of entry and that is sufficient.

    Is that true?

    Guru's Please reply if you have any Idea.




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  • gc_aspirant_prasad
    07-07 10:55 PM
    Give me credit for inspiring you all with my signature.;)

    Let "Gandhigiri" win.
    You rock !:)



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  • reddymjm
    06-07 10:53 AM
    reddymjm,
    I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.

    If anyone else has had a similar experience, please post your update here.

    Thanks.
    My friend got his receipt numbers from TSC yesterday. We filed on the same day, same attorney, Attorney said his will go to TSC and mine will go to NSC. His receipt numbers start with SRC... if it is NSC it will be LIN.




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  • PD_Dec2002
    08-15 06:38 PM
    FYI...

    My friend and his wife received Receipt Notices for 485, EAD and AP on August 10, 2007. The Received Date (when application reached NSC) was June 25, 2007. And yesterday (August 13, 2007), his wife's EAD was approved. They still haven't gotten their FP notices as yet.

    BTW, their packet was transferred from NSC to TSC since the I-140 was approved from TSC. It appears TSC is faster in processing EADs/APs than NSC.

    Other details: I-140 was PP-approved from TSC in June 2007 and the application is EB2.

    Thanks,
    Jayant




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  • deba
    12-16 09:44 PM
    I hear ya and feel for you Nag. That is why I posted a thread inquiring about ability to file for AOS/benefits after I-140 even when PD is not current. I believe this is an achievable administrative fix, however with almost everyone applying in July/Aug, this may be on the back burner in the foreseeable future.




    eastindia
    02-22 09:11 AM
    Anyone still depressed?

    Then come to lobby day in April or contribute money for it.




    diesel
    05-23 12:11 PM
    Thanks for the hard work...



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