gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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hibworker
09-15 03:13 PM
Its a typo... they copy - pasted EB3-C dates.
abhisam
08-18 01:24 PM
there are 2 scenarions in the situation:
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
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waitin_toolong
07-03 05:38 PM
his GC is approved, before he leaves the country take an infopass appointment and get I551 stamp on his passport for him to be able to reenter the country. if he will be out of the country for more than 6 months he might need a reentry permit as well.
the card will come when it will.
the card will come when it will.
more...
utthesta
10-09 04:24 PM
This is the reply I got back from my attorney.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
agiridhar
04-17 12:24 AM
Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
more...
pt326bc
09-26 04:32 PM
Once you give out your EAD for employment your H1 status goes in limbo. I think the way to go back on H1b status is to exit the country and reenter with H1 visa and then work only for the employer who sponsored the H1b (in case something terrible happens to your AOS).
But again this is just my analysis; and I am not a lawyer.
Regards.
But again this is just my analysis; and I am not a lawyer.
Regards.
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gcbackup
10-09 10:34 AM
I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.
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rameshraju11
07-21 07:51 PM
Hello,
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
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vallabhu
08-18 09:15 PM
Thanks for your replies guys
This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.
This is not a substitution case, ETA-750 says requires graduation in mathematics, which I have but my % is less than 60, so just verifying if they will look for % acquired, now don't ask me why i secured less than 60% that is history and I cannot change.
more...
roseball
07-20 06:08 PM
First of all you would need a visa to visit UK.
I don't think Malaysian nationals residing legally in US and travelling to UK need a visitor visa...But I am not sure if UK visa law considers pending I-485 (AOS) a valid status....If you still maintain a valid H1 status but plan to re-enter on AP, you should be ok in my view...
I don't think Malaysian nationals residing legally in US and travelling to UK need a visitor visa...But I am not sure if UK visa law considers pending I-485 (AOS) a valid status....If you still maintain a valid H1 status but plan to re-enter on AP, you should be ok in my view...
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indianabacklog
09-26 04:02 PM
Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.
Thanks,
$340.
It is listed on the USCIS website beside the link for the I765 form.
Thanks,
$340.
It is listed on the USCIS website beside the link for the I765 form.
more...
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chna
07-01 09:56 AM
Thanks Nolaindian32 and prasadn for your advice. Will consider that option.
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skmurthy
05-28 02:55 PM
Thanks for the reply aruben.
One more clarification, once petition is converted to F1 and I get married after that what will happen to the petition. will it stay in F1 cateogory or converted to some other category or it will be revoked and I will have to do fresh start.
Thanks very much again for you time and guidance.
One more clarification, once petition is converted to F1 and I get married after that what will happen to the petition. will it stay in F1 cateogory or converted to some other category or it will be revoked and I will have to do fresh start.
Thanks very much again for you time and guidance.
more...
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gsc999
03-14 11:56 PM
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
---
Thanks for taking the initiative. I just got your message. This is the right way to go.
Let me know if you need my support?
Cheers!
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
---
Thanks for taking the initiative. I just got your message. This is the right way to go.
Let me know if you need my support?
Cheers!
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sriramkalyan
02-24 08:26 AM
2 weeks ago i closed 30 year fixed ..I didnt face any issue ..Right now my mortgage held by Fannie. I got a good deal though i am on H1B!
more...
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smuggymba
09-27 03:39 PM
I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
you abandon your app if you leave the country AFAIK.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
you abandon your app if you leave the country AFAIK.
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gcpool
09-13 01:10 PM
If we do premium process, does this increase the change of rejection?
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lance21broke
10-14 01:37 AM
How could this happen? This is very unfair. So how do want to deal with it?
bhatt
04-02 02:21 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
For TSC paper filing is faster than eletronic filing;).
For TSC paper filing is faster than eletronic filing;).
spgtopper
03-15 08:41 AM
Hi,
Anyone working for Tata/Infosys/Wipro or any other big Indian software companies, please write to info@immigrationvoice.org.
We would also like to know if anyone from Indian companies is affected by the labor backlog and retrogression problems. So, if you are please reply on this thread, or write to us.
Thank you,
S.
Anyone working for Tata/Infosys/Wipro or any other big Indian software companies, please write to info@immigrationvoice.org.
We would also like to know if anyone from Indian companies is affected by the labor backlog and retrogression problems. So, if you are please reply on this thread, or write to us.
Thank you,
S.
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