sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
nb_des
06-05 11:04 AM
"Unless you *are* a US citizen, you must choose the second option."
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.
SK.
.
Has anyone succefully entered reciept numbers?
me_myself
12-16 06:58 AM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
meridiani.planum
06-12 01:35 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
more...
prem_goel
08-28 07:43 AM
Thanks . what is I-824 again? and where do we file it too?
hey guys can someone respond please? just to elaborate on my case. My wife's been here in US for the last 4 months. I had applied h-1b for her as consular processing. The approval came with stamping notification for chennai consulate (as at the time her H-1b was applied this year in March, her state of residence was in chennai consulate region).
However in April this year she moved to Mumbai and then to USA. I've heard that you can go to stamping at the consulate region you've been staying for the past 6 months. Since she was at Mumbai for half of the time and then in USA, does it give us liberty to choose Mumbai consulate for stamping instead? Would there be any issues? We are thinking that at the time of interview, if they ask she can let them know she has moved to Mumbai and has her address there now. Would that be okay?
Thanks IV!
hey guys can someone respond please? just to elaborate on my case. My wife's been here in US for the last 4 months. I had applied h-1b for her as consular processing. The approval came with stamping notification for chennai consulate (as at the time her H-1b was applied this year in March, her state of residence was in chennai consulate region).
However in April this year she moved to Mumbai and then to USA. I've heard that you can go to stamping at the consulate region you've been staying for the past 6 months. Since she was at Mumbai for half of the time and then in USA, does it give us liberty to choose Mumbai consulate for stamping instead? Would there be any issues? We are thinking that at the time of interview, if they ask she can let them know she has moved to Mumbai and has her address there now. Would that be okay?
Thanks IV!
freddy22
04-25 02:46 PM
SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !
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vin13
03-09 08:59 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done
Right now she is on H1 as well as AOS.
How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done
gcchaahiyey
04-07 03:53 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
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ksrk
07-07 06:14 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
HRPRO
02-23 10:33 AM
Carry the following
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
more...
pappu
02-13 03:32 PM
Congratulations. Could you update your profile please.
kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
more...
shana04
02-05 08:32 PM
My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
jaggu bhai
04-04 02:09 PM
when they say school starts from december 2011, f1 approval will be given around that date (i.e, 1 month before commencement of course), so even if u apply now, it will only help you to get prpared (in case if they ask for additional documents etc - most unlikely in ur case).
so gud luck
so gud luck
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anilsal
10-24 01:26 PM
It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
amitpan007
06-21 10:15 AM
I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.
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Kitiara
04-28 02:40 PM
I wasn't copying you, Soul. Honest. :)
Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)
Sorry Sen, your robot wasn't up when I posted my vote. It's very good as well, though I agree it would be nice if it wasn't as dark. :)
payur
09-07 02:03 PM
I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
The main impact I can see is revoking your I140 which could have an impact on your GC process.
I am not sure about H1B cancellation letter. What is your PD date and SC?
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
The main impact I can see is revoking your I140 which could have an impact on your GC process.
I am not sure about H1B cancellation letter. What is your PD date and SC?
Valentino
09-14 03:47 PM
Hello Srinivas, I am most likely to get in to your situation. This information was helpful. Did the H1B transfer got approved?
aachoo
03-18 10:06 PM
What happens if your W2 is higher then the prevailing wage? Like $22K higher?
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
gc_kaavaali
06-03 03:21 PM
I did change of address online...I also provided receipt numbers of 485 and EAD (renewal)...I think i don't have to do for approved cases like (I-140, I-131 and previous I-765 )...Am i right? I also did for my wife..
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