a_yaja
06-25 10:34 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
wallpaper us states silhouette map
HereIComeGC
12-12 03:52 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.
amslonewolf
05-22 12:03 PM
I don't think the state dept is that naive. They already know what the demand would be. All they would have to do is just look at the approved I-140s and they a very reasonable estimate.
2011 us map with states labeled
miguy
12-20 02:52 PM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
please help
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rajmehrotra
07-09 01:48 PM
Lawyers do not refund any payments (period).
An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.
An Indian saying comes to mind (roughly translated): Never try to snatch the sugarcane out of an elephant's mouth.
rb_248
11-17 02:27 PM
My company is layingoff people. We have been through 5 rounds of layoffs. They have asked all the H1Bs to hold off until about 6 months after the final layoff is over. They have issued written memos to all my cols in H1B stating this reason. Truly unfortunate.
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arunmohan
04-01 12:28 PM
greenguru:
Congratulation.
From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?
Once again congratulation and Enjoy your freedom.
Thanks a lot.
Congratulation.
From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?
Once again congratulation and Enjoy your freedom.
Thanks a lot.
2010 us map with states labeled
Munna Bhai
03-28 04:13 AM
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
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lutherpraveen
09-19 06:42 PM
This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
hair the top ten states labeled
eb3_nepa
05-03 11:07 AM
Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
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vnsriv
03-28 01:25 PM
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
Dude you are looking at wrong link. Go to this http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
Check what is your PD. Make sure you are looking at right country/category/type. Compare your PD against what is posted here. If your PD is earlier than this date , then only start screaming. Else go in infinite wait loop.
PS : All the best.
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
Dude you are looking at wrong link. Go to this http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
Check what is your PD. Make sure you are looking at right country/category/type. Compare your PD against what is posted here. If your PD is earlier than this date , then only start screaming. Else go in infinite wait loop.
PS : All the best.
hot Out of the 50 U.S. states they
gsvisu
07-13 06:51 AM
Moral : Play Soccer
Leave Doctor, Software, Engineering professions... & play soccer.
Leave Doctor, Software, Engineering professions... & play soccer.
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house us map with states labeled
pcs
01-02 08:05 PM
Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member
thanks
thanks
tattoo labeled map of us
abhijitp
06-21 01:59 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
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pictures Map of United States with
amoljak
05-03 07:32 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
dresses us map with states labeled
leo_loco
10-14 11:24 AM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
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makeup --Practice-Map-Labeled-Us-
sagar_nyc
02-11 11:45 PM
I am with the same employer. Thanks for your answer
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
girlfriend at sketches the us states
Jaime
05-25 09:47 AM
I called Sen. Cornyn's office but got a recording, with no possibility to leave a message. Then I called Sen. Kennedy's office and the immigration counsel was on the floor but they had a person in charge taking messages for him and she took at and said she would deliver it to him. Let's keep at it!
hairstyles us map with states labeled
vnsriv
10-08 04:01 PM
so here is exact question , what about if i get GC approval before my PD gets current?
You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.
You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.
vb1589
05-04 09:13 AM
Good job cagedcactus.
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
zCool
04-05 02:56 PM
So lets understand this..
You joined someone on the promise that they will sponsor your GC with approved labor..
They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
So either you paid him before joining and hence feel entitled to this approved I140
Or
You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
Go eat in some other dust-bin..!
You joined someone on the promise that they will sponsor your GC with approved labor..
They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
So either you paid him before joining and hence feel entitled to this approved I140
Or
You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
Go eat in some other dust-bin..!
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