a_yaja
06-26 02:44 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
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badluck
07-02 08:36 AM
Fedex sent June 30
ram04
04-20 05:48 PM
It is normal practice with all companys to do that with every change.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
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josecuervo
08-21 02:08 PM
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.
more...
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
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter “Commitment Period”). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
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
Maverick1
10-09 12:50 AM
................................ The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.
:D Classic logiclife :):)
:D Classic logiclife :):)
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psk79
08-19 10:53 PM
I140-TSC approved.
LUD on 7/28
I485 mailed to NSC Jul2nd.
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
LUD on 7/28
I485 mailed to NSC Jul2nd.
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
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abhijitp
07-06 08:29 PM
Please clarify. I thought it is happening on July 14 or 21.
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royus77
07-08 03:08 PM
by the way,
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time
lawsuite and all will never get us to a point where we want. nobody can force
the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.
I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.
better focus on contacting senators or house members to get some legislative relief.
i dont understand how come the 2000-2001 will be get injustice if USCIS made the dates current . For them to process these new batch atleast it will take 6 months by that time 2000-2001 will be out of BEC and PD rules at that time
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SeanDell
05-30 07:43 PM
Has anyone used AVR recently coming back from Canada?
more...
vbhup2
11-17 04:12 PM
Done plus 5 friends plus status with link on fb.
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shreekhand
02-02 02:25 PM
Well, I kind of expected a response to my kind of personal remark in the earlier part of the post than what I wrote later in the message... never mind, that's the human mind.
Don't know about you but I for sure don't rely on just conversing with NGO's or reading news about "atrocities", but actually have involved myself in traveling, teaching and helping institute schools in tribal areas of Jharkhand (Ghatsila-Singhbum), where education had never even reached. The sparkle in their eyes, hospitality and values beats what we find urbanized and modernized world (had the same experience when I visited central Cambodia last month). I also see that casteism is not the same all over in India (a lot less in the west (when I was in Nanded district in Maharashtra) than the north and parts of south) and that it is rapidly changing (compare the caste discrimination 70 years ago with that today, even my active 85 year grandma who has traveled a lot in India, couldn't resist expressing her positive wonderment). The caste discrimination is severe no doubt in certain parts, nor am I trying to water down your experiences - but remember making a blanket statement for 1.2 Billion people demands a lot of explanation!
There is difference working on the ground to make a transformation and witness it from a holistic sense than having a 5 feet level view. Hope you don't take anything personally... but maybe just grasp the gist of my experiences/thoughts.
Really apologize if I hijacked the thread in anyway!
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
Don't know about you but I for sure don't rely on just conversing with NGO's or reading news about "atrocities", but actually have involved myself in traveling, teaching and helping institute schools in tribal areas of Jharkhand (Ghatsila-Singhbum), where education had never even reached. The sparkle in their eyes, hospitality and values beats what we find urbanized and modernized world (had the same experience when I visited central Cambodia last month). I also see that casteism is not the same all over in India (a lot less in the west (when I was in Nanded district in Maharashtra) than the north and parts of south) and that it is rapidly changing (compare the caste discrimination 70 years ago with that today, even my active 85 year grandma who has traveled a lot in India, couldn't resist expressing her positive wonderment). The caste discrimination is severe no doubt in certain parts, nor am I trying to water down your experiences - but remember making a blanket statement for 1.2 Billion people demands a lot of explanation!
There is difference working on the ground to make a transformation and witness it from a holistic sense than having a 5 feet level view. Hope you don't take anything personally... but maybe just grasp the gist of my experiences/thoughts.
Really apologize if I hijacked the thread in anyway!
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
more...
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royus77
07-07 08:50 AM
The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
If we dont get the GC yearly number increased for India , we should plan to go back,..
How long can i wait to file 485..I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.
The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us
In one way we should be happy that the USCIS is cleaning its internal backlog,
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
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hazishak
08-13 03:52 PM
Did you guys see the recepting update in OH's site? Where did he get it from. I could not find it in USCIS site.
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TheOmbudsman
06-26 10:32 AM
That's very typical. A while back an employment lawyer here in America told me that during negotiations with a picky employer that in case I felt left out at work, I should argue that the employer was being racist. Usually when people lose arguments in this debate, since one cannot win with reasoning, they start throwing the word "racist", "xenophobe", etc even if that is not the case at all.
Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.
Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.
The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.
I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.
It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.
All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.
If you calling someone racist, please explain why you are saying so.
Santosh
Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.
Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.
The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.
I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.
It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.
All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.
If you calling someone racist, please explain why you are saying so.
Santosh
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mnkaushik
08-27 12:22 PM
Infact he says LUD on 21st was an indication of approval.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
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ramus
05-29 08:01 PM
Great. Thanks.
sent the emails to senator/s
sent the emails to senator/s
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jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
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vgayalu
06-26 04:00 PM
Hi guys,
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
We can keep CIR aside for some time. Are there any trails going to introduce any bill to get EAd before Priority date become current. It gives great relief to most of the people. why donot we support to core team in this issue?
rdehar
10-09 03:59 PM
"Sorry, we are closed now." ???
Heck, no !!! I want fries with that !!!
Heck, no !!! I want fries with that !!!
jai007
09-12 04:16 PM
My I-140 is pending in TSC. I have applied I-485 for self and wife on July 18. Received by K.Lawson in NSC on July 19th 9.29 AM.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
Check are cashed today by TSC, saw the SRC# in back of my check.
Waiting for original receipt.
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