prioritydate
08-21 09:37 PM
First time a post made absolutely no sense to me!:eek:
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gcgc2005
12-17 10:37 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.
"
aristotle
03-14 02:37 PM
Guys I need your expertise and valuable answers on this:
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
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drirshad
03-24 10:08 AM
it seems they have something technical of every point they make, techpoint ha ha ....
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draino
04-15 03:22 PM
I am honored. :pleased:
Wayno
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Pagal
04-06 05:48 AM
Hello,
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
IMO, a new H-1B petition and new LCA is a safer option ... I had done this twice and it gave me peace of mind and flexibility to accept positions with better job prospects and pay... this was also recommended by the company lawyers and HR.
more...
kshitijnt
04-11 02:55 AM
Its a better idea to file in EB2 anyway.
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pasa0202
03-28 09:15 PM
Its true... I am also in the same situation. My perm applied in Jan 2010 and H1B getting expired in Apr 2010, my company planning sending me to India to work from there. My attorney told me that once perm get approved then they can apply for I 140 even I am out of the country.
And then apply H1 B ext. and can come back to US. Let see how it works.
And then apply H1 B ext. and can come back to US. Let see how it works.
more...
mohican
05-16 11:07 AM
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
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honeybee
09-25 03:13 PM
http://www..com/immigration-lawyers/New_York_City/
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nashorn
12-12 01:11 AM
You can find out by calling USCIS. There is thread here teaching tricks to get to talk to a immigration/field officer. If you can do that, you can ask him/her, and may get the answer.
By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.
By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.
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bindas74
01-25 11:35 AM
Anyone please share ur opinion.
Thanks
Any opinions please?
Thanks
Thanks
Any opinions please?
Thanks
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bos_guy
08-05 11:18 AM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
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needhelp!
10-10 04:05 PM
Date: Saturday, October 13, 2007
Start Time: 4:00 PM Central Daylight Time
Dial-in Number: 1-785-686-2400 (Kansas)
Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)
Please join the upcoming call for updates on current activity/future plans.
Start Time: 4:00 PM Central Daylight Time
Dial-in Number: 1-785-686-2400 (Kansas)
Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)
Please join the upcoming call for updates on current activity/future plans.
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awi_ok
02-19 09:10 AM
Dear experts,
Please comment and/or suggest.
Thanks,
T.
Please comment and/or suggest.
Thanks,
T.
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Butters
04-08 05:30 PM
Or the Microsoft Office ones...
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kanshul
12-28 09:11 AM
I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.
Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
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msyedy
01-09 02:35 PM
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
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rajsenthil
05-22 11:38 AM
I too got the soft lud's on May 21 for all of my 485. There is no change in the current status. Could that be FPs are sent or just a regular batch update? I don't know.
Dhundhun
09-10 06:22 PM
Folks,
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
h1bmajdoor
07-12 09:41 PM
dear h1bs.
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.
does anyone have any knowledge of non-citizens claiming social security in india?
as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.
http://socialsecurity.gov/international/countrylist4.htm
has anyone actually seen this happen?
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.
does anyone have any knowledge of non-citizens claiming social security in india?
as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.
http://socialsecurity.gov/international/countrylist4.htm
has anyone actually seen this happen?
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