life99f
07-08 09:17 PM
hey, doshhar, why don't you take a lead at Chicago protest (14/07)?
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
wallpaper emma stone zombieland outfit.
unitednations
03-08 04:33 PM
You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....
That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.
If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.
We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?
How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)
From October 2005 to September 2006 (it was around 10,500)
For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)
October 2007 to September 2008 (to be determined)
Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.
That is many peoples problems isn't it? They are active on forums, care about greencards, keep abreast on legislative stuff and then once they get greencard they disappear.
If someone is from USA and they go to your country and live there for five years; they do not have historical context of why things are done the way they are done; no matter how long they research it.
We'll see when statistics come out. Which lawyers by the way say their interpretation is 180 degrees different?
How much visas did India get for the period October 1, 2004 to September 2005 (off the top of my head it was 50,000)
From October 2005 to September 2006 (it was around 10,500)
For the period October 2006 to September 2007 (someone want tofind it; it was more then 7%)
October 2007 to September 2008 (to be determined)
Department of State has been all over the place by changing their interpretation? btw; I doubt with visa movements the way they are that they are establishing country quota of 7%. If they were then that would mean there is only 2,800 people including dependents waiting for greencard in eb2 prior to April 2004.
TheOmbudsman
10-25 04:38 PM
Most likely the majority of Americans have immigration roots from somewhere, like anybody else. I don't think that would be a compelling argument though. The US allows 1+ million to immigrate here every year.
Rbharol, what really messed up for us is the high influx of illegal aliens. We, the Employment Base greencard applicants represent a small group. We used to be respected few years ago. We are not visible at all, even when we get stuck. It is understandable that the illegal aliens abused the system and we are paying the price for it. I am sorry but that is true. People generalized and we are now in the middle of this mess. It happens that after I posted this, I found the article below which reinforces my sad perception:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?
Will they conduct a poll on it?
Rbharol, what really messed up for us is the high influx of illegal aliens. We, the Employment Base greencard applicants represent a small group. We used to be respected few years ago. We are not visible at all, even when we get stuck. It is understandable that the illegal aliens abused the system and we are paying the price for it. I am sorry but that is true. People generalized and we are now in the middle of this mess. It happens that after I posted this, I found the article below which reinforces my sad perception:
http://diversity.monster.com/articles/coming_to_america/?WT.mc_n=MNL000283
Does the Workplace Welcome Differ?
Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."
Talk about this article and get advice on the Diversity at Work message board.
Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?
Will they conduct a poll on it?
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gbof
09-09 10:17 PM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Thus far approvals have been at a steady pace--people are reporting GC directly in mail box without any formal cpo/approval/welcome mails too. Hopefully spill-over visas have been alloted to as mant pre-adjudicated petetions and they will clear out all approvable cases in 04 and EB2 dates will only forward. By Q3/Q4, it may cross-over well in.to 06
more...
aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
a_yaja
05-07 08:47 AM
I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
Nice argument. I bet if you had your GC or if you were a US citizen before you got married you would support chain immigration - after all what good is to be in this country if you cannot bring your wife over here? How about when your parents get old and they need care? Then you will curse the system for being unfair towards family based immigration. Afterall what good is a job if you cannot bring your family here?
Try to think beyond yourself. If not, your are no better than those opposing immigration. After all, even NumbersUSA is for immigration - as long as it is restricted to a few thousand a year! So is ALIPAC - they are for legal immigration but against H1Bs immigrating to the US. How are you any different from either of these organizations? As far as a someone wanting to come to the US on the family based immigration route is concerned - you are anti-immigration too.
Nice argument. I bet if you had your GC or if you were a US citizen before you got married you would support chain immigration - after all what good is to be in this country if you cannot bring your wife over here? How about when your parents get old and they need care? Then you will curse the system for being unfair towards family based immigration. Afterall what good is a job if you cannot bring your family here?
Try to think beyond yourself. If not, your are no better than those opposing immigration. After all, even NumbersUSA is for immigration - as long as it is restricted to a few thousand a year! So is ALIPAC - they are for legal immigration but against H1Bs immigrating to the US. How are you any different from either of these organizations? As far as a someone wanting to come to the US on the family based immigration route is concerned - you are anti-immigration too.
more...
gccovet
07-24 12:47 PM
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
Kodi,
Was the FP for I-485?
I am quite sure FP is not requested for paper based filing. FP for you is misleading.
GCCovet
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
Kodi,
Was the FP for I-485?
I am quite sure FP is not requested for paper based filing. FP for you is misleading.
GCCovet
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Macaca
07-08 09:49 PM
only 27% of the annual quota is released Oct 1
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
the first 3 quarters cannot use more than 27% each
that is the whole issue
on the first working day of the month/quarter, where were the remaining 19%
that should be available by law?
how can they allot them on sunday (july 1)? if so they must be willing to accept my application on sunday too...
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
more...
joeshmoe
06-05 10:01 PM
Immigration-law.com just reported that "As reported by the USCIS, the Service Centers are currently experiencing the receipting frontlogs. In some cases, there are frontlog of 45 days or longer...".
I pray to God that I will not need to wait 2 months for my receipt...
Mula.
I pray to God that I will not need to wait 2 months for my receipt...
Mula.
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english_august
07-10 04:53 PM
In the past week, the "Protest Blooms" campaign notched up the following wins:
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
Times of India article
Buzz in the blogosphere
Attention from many attorney websites and blogs
Had a Washington Post journalist show interest in our issue and had tens of our members talk to her - which should result in a good article. How many times have we seen so many regular members of IV being able to speak to a reporter of a mainstream US publication on our issues?
Had a senior Reuters editor talk to many of us and he promised a sustained coverage of our issues
Had a senior reporter from New York Times talk to me
Had the footage of this entire event shown on CNN in India
Had many small media outlets which never cover these kind of issues, cover it (in smaller towns in MN and NY)
Created a sense of action in the community which was feeling pretty dejected after the USCIS fiasco
Had USCIS director react to us
Had so much interest generated that the IV website was brought down J
Brought a great deal of attention to IV (see previous point)And all this was accomplished with a severe time crunch. The grassroots effort involved in this campaign was unbelievable - thanks to everyone who kept the faith.
Was the point of this campaign to have our flowers be decorated on the desk of the director of USCIS? I don't think so. The word again was "symbolic" and that purpose is served whether the flowers are in boxes or in full view of the world.
Would it have made for better visuals if the flowers were in full view? Sure. Is there a way to improve upon every campaign? Sure.
Let us learn from what went right and what went wrong and use this to better execute all future events.
more...
amits
07-20 12:08 PM
Aman, Hats off to you!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
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mike_2000_la
06-12 11:30 AM
id(RD)
-----------------------
vk373
reddymjm
cr52401
Lucky7
any new receipts please add to this list...
-----------------------
vk373
reddymjm
cr52401
Lucky7
any new receipts please add to this list...
more...
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marty
05-30 12:58 PM
http://www..com/discussion-forums/i485-1/122557139/page/1/
I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.
All the best.
I am little pessimistic about landing as it might be a risk as you are already on AP. I read some people went on AP and come back no question asked. If you would've valid H1B visa, it might be easier. I had valid H1B approval and I use AVR to enter. If I had used AP to go back home, I would've abandoned the canadian PR. Its your choice.
All the best.
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number30
05-01 10:48 AM
IV Core. Can something be done to highlight this issue in your conversation with authorities ?
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
The problem with this argument is it separates the members of the Family. If the marriage is occurred prior to approval of green card spouse will fall in EB category. If the marriage date is after approval of the green card it will fall into Family quota. See those guys who got married after green card and trying to bring their spouses how much trouble they are having. Instead of focusing on that You can Focus on the issue of making one EB visa number per family in case EB immigrant. Now Each one of the Spouse are using one number. That will effectively double the available visa numbers.
more...
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bheemi
06-21 02:02 PM
I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..
any thoughts about this?
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abhijitp
07-08 04:04 PM
No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
more...
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CHHAYA
06-07 10:46 AM
reddymjm,
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
SAME WITH ME. MY 140 WAS APPROVED AT TSC BUT MY LAWYER SAID ALL SHOULD FILE 485 AT NSC ADN THEY WILL FORWARD TO TSC. STAY IN CONTACT.
I will have to check with my attorney. But, my I-140 approval came from TSC but my I-485 application was sent to NSC.
If anyone else has had a similar experience, please post your update here.
Thanks.
SAME WITH ME. MY 140 WAS APPROVED AT TSC BUT MY LAWYER SAID ALL SHOULD FILE 485 AT NSC ADN THEY WILL FORWARD TO TSC. STAY IN CONTACT.
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tikka
06-05 07:43 PM
GUYS/ GALS
Please contribute to IV.
Please contribute to IV.
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test101
07-09 06:47 PM
awsome....
Now we should let the media know . Walter Reed ! could not ask for a better place. The Patient and soldier deserve it . My heart goes to them as an RN.
Now we should let the media know . Walter Reed ! could not ask for a better place. The Patient and soldier deserve it . My heart goes to them as an RN.
clubJWP
05-07 05:35 AM
iam planning to go to edmonton, alberta. what are the things that i should keep in mind before landing there, if anybody know share it with me
JWP
JWP
diptam
06-27 09:54 AM
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
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.
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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