desi3933
07-10 06:54 AM
@desi3933:
This comment was then obviously was not directed to you but to others who advise to "file AC21."
Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -
@desi3933:
1. ....
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
.
This comment was then obviously was not directed to you but to others who advise to "file AC21."
Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -
@desi3933:
1. ....
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
.
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anilsal
07-07 02:20 PM
Give me credit for inspiring you all with my signature.;)
Let "Gandhigiri" win.
Let "Gandhigiri" win.
gc_on_demand
02-17 05:38 PM
Folks
Please contribute for your self.
Please contribute for your self.
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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
more...
ras
11-22 02:44 AM
It's definetly a shock and an usual post on these forums. I am spellbound by the support you are getting from the forum members. I am seeing the humanitarian attitude all around praying for your health. This should bring change about the way you think about your health. You are fighting against an enemy- the prognosis you got from the doctors. The only option left for you is winning against the enemy no matter what it takes. The foremost thought you should inculcate is that you are winning against the enemy. That's it. I believe the will power will definetly take you out of the fatal disease.
I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.
My best wishes are with you.
I know it is hard but try concentrating more on your health than other things including your family members. Hopefully generous IV members will do something for your family which probably can be done in our limits. Whereas it is you who has to fight against the disease and so you got to take care of your health first.
My best wishes are with you.
EADplease
09-20 03:59 PM
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
We're anxiously waiting for the receipt notice in the mail...
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
more...
sayonara
08-30 04:38 PM
Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.
Congrats - Did u file on July 2nd?
Congrats - Did u file on July 2nd?
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kumarc123
05-08 02:44 PM
Please contribute...
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
more...
GCforme
01-30 04:57 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
:rolleyes::rolleyes:
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
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desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
abhijitp
11-21 05:09 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.
I second that idea.
We should let Mehul decide, and help him in any way we can!
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.
I second that idea.
We should let Mehul decide, and help him in any way we can!
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prakashv44
09-24 10:58 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Mr.Sharma,
Better do not write and waste someone time. Probably you may loose your GC too if you are not united.
Try to support EB's, not EB2 or EB3. People wait for 10years to get the GC in EB3, They are well qualified and Experienced.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
Mr.Sharma,
Better do not write and waste someone time. Probably you may loose your GC too if you are not united.
Try to support EB's, not EB2 or EB3. People wait for 10years to get the GC in EB3, They are well qualified and Experienced.
more...
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jsb
11-01 02:02 PM
Summary of AC21 law provisions poste above.
(1) It is not necessary to work for GC sponsoring employer prior to getting GC
(2) USCIS should be advised (after 180 days of AOS pending) with new job offer (in same/similar classification), and your intentions of using AC21
(3) Sponsoring employer can not withdraw I-140 after 180 days of AOS pending
(4) Sponsoring employer CAN withdraw I-140 within 180 days.
July 2 filers should keep their sponsoring employer happy until Dec 29, with no suggestions that you might be thinking to leave. Do whatever you want thereafter.
(1) It is not necessary to work for GC sponsoring employer prior to getting GC
(2) USCIS should be advised (after 180 days of AOS pending) with new job offer (in same/similar classification), and your intentions of using AC21
(3) Sponsoring employer can not withdraw I-140 after 180 days of AOS pending
(4) Sponsoring employer CAN withdraw I-140 within 180 days.
July 2 filers should keep their sponsoring employer happy until Dec 29, with no suggestions that you might be thinking to leave. Do whatever you want thereafter.
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Jaime
06-26 10:49 AM
Santosh_gc, I agree with you when you ask "how can illegals be granted a path to citizenship, etc" I am from Mexico and I am as much against that as you, or even more! All those illegal aliens are essentially getting a free ride and the U.S. is trying to act all "Mother Teresa" with them just to attract the vote of Hispanics. It's sickening!
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
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snathan
02-09 12:41 PM
Only five guys so far....pathetic.
Guys Wake...are you the one want to fix the problem or just another free rider
Guys Wake...are you the one want to fix the problem or just another free rider
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akhilmahajan
04-14 10:59 AM
I think you also need a Canadian address.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
My bad, it totally skipped my mind.
PR cards can only be mailed with in Canada.
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pcs
02-09 08:33 PM
I am sending $ 20 ...
Please keep sending emails to all members and encourage them to chip in regularly..
Please keep sending emails to all members and encourage them to chip in regularly..
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flresident
08-18 10:45 AM
Hi,
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
This is for my wife's first time EAD.
Category: EB2, TSC
Priority Date: June 20, 2006
I-485 filing date: July 17th, 2007
Paper based EAD application Received date: Aug 8th, 2008
LUD : Aug 12th, 2008
Card Production Ordered : Aug 16th, 2008
That was pretty quick.
Funny part is, I haven't received receipt notice yet.
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atmercyofdol
10-08 01:29 PM
I applied for the first time in 2001, and then in 2005 (due to relocation) and ended up at the backlog center. Another relocation and now my PD is March 2007, and these recent wannabes want Perm approved in 1 month, I-140 premium processing in few days and then onto I-485 which should be current with no retrogression. Amen !! When do you want the USCIS to bend over for you?
reddymjm
06-07 12:41 PM
If you download the 485 form from the following url and go to page six, it states
"The check or money order should be made payable to theDepartment of Homeland Security"
I believe previously it used to be USCIS. Now what I dont know is if they will accept checks made for USCIS or not.
The url is
http://www.uscis.gov/files/form/i-485.pdf
They still accept the checks written in favour of USCIS.
"The check or money order should be made payable to theDepartment of Homeland Security"
I believe previously it used to be USCIS. Now what I dont know is if they will accept checks made for USCIS or not.
The url is
http://www.uscis.gov/files/form/i-485.pdf
They still accept the checks written in favour of USCIS.
mita
08-14 03:21 PM
As mentioned in my earlier post, address on my husband's I-485 was changed by USCIS system wrongly to attorney's address. We were wondering whether the documents went to old address or attorney and thank god our attorney has received it today and we will get it tomorrow. As for me and my son, still waiting...
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