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.
"
wallpaper stock photo : mixed breed dog
RNGC
02-10 09:41 AM
Thanks..
Munna Bhai
07-06 05:50 AM
Hi,
My mother is visiting us, how/from where to take Visitor Medical Insurance? Any input is greatly appreciated.
Thanks,
-M
My mother is visiting us, how/from where to take Visitor Medical Insurance? Any input is greatly appreciated.
Thanks,
-M
2011 Luke The Pitbull Mixed Breed
Rajwaitingon140
09-21 06:26 PM
Dec 21 2007 - EB2 Regular
How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?
Thanks
RajWaitingon140
EB-3, I-140 still in process since Dec'2006 at NSC center.
How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?
Thanks
RajWaitingon140
EB-3, I-140 still in process since Dec'2006 at NSC center.
more...
ivgclive
04-06 06:47 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
glus
10-21 06:53 AM
Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.
more...
nomad
09-13 01:44 AM
Great work Chandu and team!
Thanks to Puneet and Tanya for providing fodder for this final video presentation
http://www.youtube.com/watch?v=B-MtK_rQ1zk
B-MtK_rQ1zk
Thanks to Puneet and Tanya for providing fodder for this final video presentation
http://www.youtube.com/watch?v=B-MtK_rQ1zk
B-MtK_rQ1zk
2010 pictures Mixed breed dog 2
Kapils573
12-12 10:42 AM
Thanks
Kapil
Kapil
more...
MYGC2008
01-16 12:02 PM
Hi,
Please help me.
I am in the process of inviting my parents to US. Is one I-134 is sufficient OR Should I send seperate I-134 for each of them?
Thanks
Please help me.
I am in the process of inviting my parents to US. Is one I-134 is sufficient OR Should I send seperate I-134 for each of them?
Thanks
hair Mixed breed newborns cuddle
kirupa
07-03 01:30 AM
Krilnon is right. I will clarify the whole making t-shirts thing later, but in a nutshell, feel free to set up a store and resell your own t-shirts if you want. If the shirt design is kirupa.com related and I (and maybe a few others) think it looks cool, I'll feature it on the site as well.
I have no interest in selling t-shirts directly or taking a commission or anything like that. I'll simply point people to your store (cafepress, etc.) instead.
Cheers,
Kirupa :rabbit:
I have no interest in selling t-shirts directly or taking a commission or anything like that. I'll simply point people to your store (cafepress, etc.) instead.
Cheers,
Kirupa :rabbit:
more...
pmamp
12-22 09:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
hot couple of a Mixed-Breed Dog and a labrador golden retriever
looivy
04-25 09:06 AM
That is pretty much his strategy for almost every thing. Just talk talk talk talk..
Obama has not done sh#$ for immigration or unemployment while in office.
Romney will probably win 2012 unless Trump plays Ross Perot.
Obama has not done sh#$ for immigration or unemployment while in office.
Romney will probably win 2012 unless Trump plays Ross Perot.
more...
house Golden Retriever Rottweiler
forever
08-13 09:51 AM
Who is Becca Fischer ???:confused:
I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(
I had never expected of this variable i.e., application received by , as a factor of influence in the GC approval process discussion. People have gone completely insane. :(
tattoo Chow Chow Golden Retriever Mix
pkash
01-26 12:41 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
more...
pictures Golden Retriever German
raja_san
05-20 12:00 PM
Thank you all for the reply and the information.
So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?
Thanks.
So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?
Thanks.
dresses and golden retriever mixed
justin150377
06-28 08:55 PM
My lawywer mentioned that they could file Monday July 2nd for packet delivery on Tuesday July 3rd. What is the definitnion of the filing date? Is it done electronically so that the filing date is Monday (the date the packet is sent) and delivery date is Tuesday? Or is the delivered date the filing date.
more...
makeup compete: Golden Retriever
phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
girlfriend lab/golden retriever mix.
Dhundhun
03-27 07:35 PM
:)LOL:)
Wait for GC is a lifestyle.
Wait for GC is a lifestyle.
hairstyles mixed breed labrador retriever
girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
sledge_hammer
02-25 09:16 PM
It is perfectly legal to let two employers file for her H-1B visa. She can even work for both of them!
Hi,
A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?
Thanks.
Hi,
A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?
Thanks.
gc_kaavaali
08-24 10:34 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=7285c9faa87df620ad1e57a9c0e43 0d4
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
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