Tuesday, June 28, 2011

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  • YesGC_NoGC
    06-27 10:19 AM
    What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.



    I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.


    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.




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  • mallikonnet
    02-15 10:50 AM
    Feb 15, 2011 08:50:00 PST
    Transaction ID: 12V53395N71013416




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  • realizeit
    05-08 07:08 PM
    I think, this argument is wrong! Legally, any descrimination based on national origin is not valid.

    Even if congress passes a law, it can be challenged in court - and court can declare the law as unconstitutional based on the basic rights allowed in the constitution. If we can prove that a law is against the constitution, court can declare it as invalid.

    See the Justice Departments Site validating this argument (link below):

    http://www.usdoj.gov/crt/legalinfo/natorigin.php

    IN US, CONSTITUTION is above, CONGRESS, JUDICIARY and EXECUTIVE branch. ALL LAWS IN the US must obey the principles laid out in the CONSTITUTION.

    At present, in the United states there are 1000s of (state and federal) law provisions which acts against the constitution. Until someone challenges those, it will stay the same.

    Department of Justice's CIVIL rights division will take up cases related to any discrimination based on National Origin.

    In this case, one arm of the Federal goverment is discriminating us and we need to have some help from the other arm of the government (Department of Justice) and the Judicial System, to prove this discrimination.

    If we can prove in a court that this is discrimination , that day onwards, country quota will become invalid. Congress has to alter the law then.







    I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?



    You can only go in court if some agency is not following law disigned by congress. You cannot challenge congress in Court to change law.

    Please contribute / Join State chapter / join evey campaign by IV . We have plan to fight for counrty cap along with recapture and some other stuff.

    So Please join and ask your friends to join.




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.



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  • shana04
    07-20 10:55 AM
    My pledge $200.00

    Aman,
    You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
    Order Details - Jul 20, 2007 10:25 AM CDT
    Google Order #912004279351454

    Please use this order number to pay my contribution towards our hero Aman.

    Thanks,
    Shana04




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  • Jimi_Hendrix
    10-17 01:47 PM
    you made two critical assumptions to support your claim:
    1) Since responses and postings of key members are sparse, they are working day and night on getting the immigration reforms through
    2) If key members post on these forums, they will necessarily post half baked news which causes excitement.

    Apparently you completely missed the point. I am asking core members to participate in discussion on these forums, not to put sensational headlines that excites people. Hope that helps.



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  • jk333
    07-07 11:08 AM
    Am in the bay area..
    Just reading this thread, so not sure if I can attend today.
    Will surely attend the rally with my wife on July14th.

    Just a thought..Why not request all our GC/citizen friends to also attend?

    I will persuade all my friends to attend.
    If not anything, they can see it as a nice stroll in the downtown.

    -JK




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  • hariswaminathan
    09-09 07:08 PM
    Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
    In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?



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  • FinalGC
    07-09 01:34 PM
    The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.




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  • Macaca
    07-08 12:33 PM
    A GC is allocated after AOS application has been approved. An AOS application may not use up a GC # available in current year's quota (due to name check delays). Thus, AOS application submission is reasonably independent of currently available GC #'s.

    However, retrogression does not even allow AOS application submission. The concept of retrogression can be avoided by accepting AOS applications but issuing GC's whenever a GC # is available.

    That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.



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  • mnkaushik
    08-26 03:40 PM
    OK Thanks. And any recent LUD on 485 and already approved EAD (such as 08/21/2010 as most of us got)? Just trying to derive some pattern here...

    None on the 485 and we are really not tracking the EAD.




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  • sanprabhu
    02-15 03:25 PM
    ID - 4GJ15926BN616724N
    $50 donation.

    From a longtime sustaining member



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  • joydiptac
    07-22 02:09 PM
    Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.

    Don't worry EB2 Dude! Nothing is going to happen. You will still enjoy the enhanced status that you currently have. The EB3 folks like myself have far too much lethargy/timidness to do anything. The fact that they are still in EB3 after so many years is proof of that. :D




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  • jsb
    09-14 01:18 PM
    I am not sure what SOL stands for.
    But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
    But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.

    Alisa, Your PD is March'07, and you could file in July'07. That was great for you. It is a bigger problem for those waiting to file. Others are theoritically in the admin process, though it would take a long time to complete. Technically visa was available for everyone in July'07,that's why all could file as it is a legal requirement for I-485 filing. Now they are just waiting to have the admin process completed.



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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.




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  • gccovet
    02-10 02:22 PM
    As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)

    I will again donate another $25 when we cross $2000.00

    Comeon folks, we can do it.

    So far...29 contributions only.....


    GCCovet



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  • pv2715
    07-03 10:12 AM
    I am for it..




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  • makemygc
    08-01 08:44 PM
    Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)

    This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
    Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).

    In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.

    On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!

    CA and NY were the two states which were always backlogged during those bad old days of labor processing. Now, CA application goes to TSC and NY goes to NSC and that might keep both the centers balanced going forward.

    But I think rather than dividing based on the states, they should rather do a load balancing based on the request coming..just like our network works :)
    Load balancing can be simply based on the round robin fashion..one goes to TSC other goes to NSC and so on.
    How difficult is to build that kind of system and to keep it balanced and fair for all.




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  • delhiguy
    07-07 08:05 AM
    Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
    Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007


    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,




    kosars
    08-24 09:24 PM
    mailed 2nd, reached 3rd at TSC
    checks cashed 23 rd Aug




    SunnySurya
    08-18 02:57 PM
    No with love and logic... By the way check your PM. Let me know if I am guessing it right about who u are?
    you manage people with a stick ?? :)



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