vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
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lonedesi
01-11 08:08 AM
I sent letter to President & IV. Am in the process of pursuading my employer & lawmakers to send letters to President & IV. Trying to reach out to my friends to do the same.
desi3933
08-10 06:50 AM
Questions for everyone to research and post the answers------
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
........
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
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milind70
06-19 02:38 PM
Were u in EB2 or EB3 catergory???
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kothari_rupesh
02-22 12:08 AM
FYI, I got my RFE today too and it is for the same exact thing as my wife's, which I shared yesterday below.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
I got LUD 2/17 and 2/18, same for my wife, 2/17 was RFE message, got my wife's RFE in mail today it was for a serological HIV test which was supposedly required but was not done.
Have yet to receive my RFE yet, hopefully tomorrow.
jkays94
04-01 09:24 PM
Sent 10 and 11.
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bekugc
07-19 10:48 AM
I read somewhere that doctors abroad who do the tests for consular processing cannot be used for AOS medicals.
u'll get RFE only if theres is a mistake in medicals, if there is NO medicals in the 485 packet, i think ur appln will be outright sent back.
whats ur PD, if its in the range of 2000 u still have hope that in next few months ur date becoems eligible for AOS.
ive heard that there are some doctors out there (of questionable integrity) who accept cash and give out medical reports. even tho this is a backdoor approach, u can make a few calls and give it a try. to make ur case more genuine, try to get a list of all attributes recorded in the blood and skin test, and get those done promptly done in india. atleast let the doctor copy over ur wifes actual stats rather than inventing it. If ur case is genuine, may be someone will be merciful to help u out of ur predicament.
Preponing visa interview without very valid reason cud be harmful. u never know, if they catch ur wife telling a lie then ull be walking on thin ice.
last year my friend visited india...he is on 7the year H1, and got 3 yrs extn based on 140. he had attached copy of approved 140 as proof...the chennai visa officer only asked him "is ur company paying for ur GC or you urself" ..he answered Company is paying full amount. and they gave him the visa. :-) if Govt is using approved 140 to give 3 yrs extn, obviously they know the intent to get GC...i dont believe telling truth that ur company is processing GC for you is going to harm you.
its just my opinion!!!
u'll get RFE only if theres is a mistake in medicals, if there is NO medicals in the 485 packet, i think ur appln will be outright sent back.
whats ur PD, if its in the range of 2000 u still have hope that in next few months ur date becoems eligible for AOS.
ive heard that there are some doctors out there (of questionable integrity) who accept cash and give out medical reports. even tho this is a backdoor approach, u can make a few calls and give it a try. to make ur case more genuine, try to get a list of all attributes recorded in the blood and skin test, and get those done promptly done in india. atleast let the doctor copy over ur wifes actual stats rather than inventing it. If ur case is genuine, may be someone will be merciful to help u out of ur predicament.
Preponing visa interview without very valid reason cud be harmful. u never know, if they catch ur wife telling a lie then ull be walking on thin ice.
last year my friend visited india...he is on 7the year H1, and got 3 yrs extn based on 140. he had attached copy of approved 140 as proof...the chennai visa officer only asked him "is ur company paying for ur GC or you urself" ..he answered Company is paying full amount. and they gave him the visa. :-) if Govt is using approved 140 to give 3 yrs extn, obviously they know the intent to get GC...i dont believe telling truth that ur company is processing GC for you is going to harm you.
its just my opinion!!!
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paskal
06-24 07:18 PM
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
Folks,
I do not have any update on any meeting right now...I'm sure that once something becomes available, we will all hear...!
Folks,
I do not have any update on any meeting right now...I'm sure that once something becomes available, we will all hear...!
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gk_2000
05-12 03:38 PM
Let's hope for a speedy death for this abomination ... speedy death means issue over before elections/voting
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mpadapa
02-12 09:39 AM
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
more...
spicy_guy
11-09 02:27 PM
AP applied at: NSE.
on: Sept 7th.
mode of application: online + mail in all copies via good old USPS.
Status on 11/09: Card production.
No physical card yet, but so far so good.
Wow! Yours is so quick. Did you expedite it?
on: Sept 7th.
mode of application: online + mail in all copies via good old USPS.
Status on 11/09: Card production.
No physical card yet, but so far so good.
Wow! Yours is so quick. Did you expedite it?
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calabor2001
05-07 11:52 PM
I don't even know where to start on this. Should I be angry or frustrated or laugh at the incompetence of DoS/USCIS or is it just time to leave US and move to more immigration friendly country or better yet - settle down in my home country. I have spent close to a decade in the US, already have a Masters and almost done with the second one. Decided to take a break and visit India/family after 3.5 years. Guess what, I am stuck - since Jan. 7th 2008. No questions asked, no information provided - just handed over a pink slip in the name of "221g - Additional Administrative Processing". So, from being a law-abiding citizen paying his taxes and doing everything by the book, I overnight became a "threat to the national security" whose background needed to be checked. What kind of BS is that? And why for heaven's sake are you worried about me AFTER I have already left the country on my own accord. Subject me to SC while I am there and deport me if something fishy is found. Don't make me go through this WHEN I MYSELF left the country... Oh! Logic - these F@#$heads don't have that.
I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?
I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.
I don't even have a freaking traffic violation on my name and here I am. Go figure! thankfully, I have family in New Delhi (I went to the embassy here) and a fast Internet connection to continue working - but for how long?
I have called DoS religiously every week for the last few months now... same crappy response, just a different day. I went to the embassy last week to inquire and oh my lord! I was treated like a terrorist. My wife took an Infopass apptt. to figure out and the officer said, "Who knows your husband may be involved in something you don't know?" :) That is when we gave up laughing... understanding and agreeing that if nothing changes in a reasonable amount of time (to each his own) we will change our situation our selves.
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chanduv23
04-13 08:26 AM
I dont think there will be any movement for May and June. July could see a big movement.
Forward or backward ???????????:D
Forward or backward ???????????:D
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gc_on_demand
11-04 02:48 PM
But he doesn't have any voice,,,
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isantem
07-29 01:20 PM
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
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sats123
06-19 10:38 PM
What is EVL, is it experience letter.
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Guig0
02-04 11:06 AM
some use m$paint, others photoshop or fireworks.
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apb
09-05 06:32 PM
Venkey
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
I sent you a PM, can we team up? I need some more info!
Please book through our website on my signature.
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bbct
04-22 11:00 AM
I copied your content to post on the whitehouse.gov website. Thank you.
Emailed the same also to my local Congresswomen.
Posted the letter to whitehouse address with the following contents:
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and illogical. I came to the US with the belief that this country is a meritocracy where you are judged based on your abilities and qualities. These country based quotas judge people based on their place of birth. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a fraction of that time. Lack of permanent residency has made me hesitant to buy a house or to do any long term investments in US and I want to get out of this limbo at the earliest.
My requests to you are:
1. Eliminate country level quota on Green Cards (to reduce the backlog of permanent resident applicants)
2. Recapture unused permanent visa numbers from the past (to allow USCIS to issue permanent visas to eligible applicants whose applications have been processed and pre-adjudicated)
3. Issue 5-year EAD cards (to reduce workload on USCIS of administrative renewals)
4. Issue 5-year Advanced Parole document (to allow people like me stuck in the backlog to travel back and forth from USA without having to renew AP every year)
I believe in President's slogan "Yes, we can!"."
Emailed the same also to my local Congresswomen.
Posted the letter to whitehouse address with the following contents:
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and illogical. I came to the US with the belief that this country is a meritocracy where you are judged based on your abilities and qualities. These country based quotas judge people based on their place of birth. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a fraction of that time. Lack of permanent residency has made me hesitant to buy a house or to do any long term investments in US and I want to get out of this limbo at the earliest.
My requests to you are:
1. Eliminate country level quota on Green Cards (to reduce the backlog of permanent resident applicants)
2. Recapture unused permanent visa numbers from the past (to allow USCIS to issue permanent visas to eligible applicants whose applications have been processed and pre-adjudicated)
3. Issue 5-year EAD cards (to reduce workload on USCIS of administrative renewals)
4. Issue 5-year Advanced Parole document (to allow people like me stuck in the backlog to travel back and forth from USA without having to renew AP every year)
I believe in President's slogan "Yes, we can!"."
inskrish
01-15 11:44 PM
Hi,
Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.
Regards,
IK
Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.
Regards,
IK
pete
12-13 03:11 PM
What you are doing is something USICS must stop!! Its wrong to jump the line and unfair on others.
Thats all!!
Pete MD
EBE2
Thats all!!
Pete MD
EBE2
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