hope4gc
01-18 04:54 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
gondalguru
07-08 07:53 PM
As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???
ImmiLosers
09-26 08:53 PM
Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
Just to correct you - if you request USCIS to port your old PD during 2nd 140 approval you are good; if you request during I-485 , you got to attach both I140s, which is another recipe for confusion.
In my case I ported but did not get the benefit yet ;
Do it when you have desperate situation? Not sure whether USCIS scrutinize
such applications more than others.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
Just to correct you - if you request USCIS to port your old PD during 2nd 140 approval you are good; if you request during I-485 , you got to attach both I140s, which is another recipe for confusion.
In my case I ported but did not get the benefit yet ;
Do it when you have desperate situation? Not sure whether USCIS scrutinize
such applications more than others.
EndlessWait
06-20 12:10 PM
.. bumping
more...
gclocker
01-07 11:12 AM
Hi All,
I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.
Labor PD: 19 Nov 2003.
Labor Approved: 17 Nov 2005
140 filed: 5 Dec 2005.
AD???????
I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.
Labor PD: 19 Nov 2003.
Labor Approved: 17 Nov 2005
140 filed: 5 Dec 2005.
AD???????
jonty_11
01-15 10:29 AM
Hi,
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
more...
pointlesswait
11-26 02:50 PM
there was nothing to be so touchy in those two lines of mine!
am2006
12-08 08:34 AM
Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
What's the Bill # and which house is it being introduced in?
What's the Bill # and which house is it being introduced in?
more...
rocky74
07-19 10:39 PM
Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.
Any Guess????
Any Guess????
knnmbd
07-14 01:48 PM
EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.
2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country
2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country
more...
kutra
07-21 04:04 PM
Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
GCchakravyuh
07-13 11:58 AM
you never know 'huge change in 24 hrs is ' actually a stunt to shut us up from the rally:rolleyes:
more...
raghureddy
03-18 07:45 PM
it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck
wandmaker
06-10 01:36 AM
you better consult a very good attorney rather than asking for someone give you expert opinion.:eek:
more...
nhfirefighter13
May 23rd, 2005, 04:37 AM
I love the color saturation on the first one. Very well done. My one complaint ( a small one) is that bright object in the grass a little above and to the right of the watermark. I don't know if it's a rock or a stump or what but I'd suggest cloning that out.
It'll distract those of us with "shiney-object syndrom" :D
It'll distract those of us with "shiney-object syndrom" :D
bkarnik
04-18 09:21 AM
Guys:
Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html
I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html
I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
more...
eb3_nepa
04-13 09:16 AM
Hello,
There was a lot of talk about the time between the passing of the CIR and it's implementation. I was wondering exactly how much time would it take from the time the bill was passed (assuming it had our provisions) and it actually becoming a law. Some say 3 months some say 6 months. What is the real number?
There was a lot of talk about the time between the passing of the CIR and it's implementation. I was wondering exactly how much time would it take from the time the bill was passed (assuming it had our provisions) and it actually becoming a law. Some say 3 months some say 6 months. What is the real number?
desi3933
08-25 11:58 AM
Hi there,
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
My wife is going to Chennai for a H1 visa stamping. Her old visa expired somewhere in 2006. She is now on her second extension of H1 and has not traveled since then...now she is going to India and going to Chennai consulate to get her H1 visa.
She is a dependent on me wrt i-485. She has EAD and AP. However, she is still on H1 (hasn't used the EAD thus far).
My hypothetical question is: in the even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Thanks,
>> even if she gets a 221(g) at the consulate can she return to US with the AP she has?
Yes. But she may need to use EAD in that case. Please check with your lawyer.
_________________
Not a legal advise.
sparky_jones
10-05 10:49 AM
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
No, this is basically the left arm of the government not knowing how the right arm does its business.
No, this is basically the left arm of the government not knowing how the right arm does its business.
krishna_brc
09-17 09:38 PM
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
If you have good relations with your employer ask them to terminate your employment. That way at the time of your naturalization/citizenship you will have an alibi for "as to why you changed employment" with in 6 months.
This way you can prove that you had the intent to work for sponsoring employer but things didn't go well with the employer himself.
Thanks,
Krishna
gcdreamer05
11-10 02:52 PM
--- bump ---
so many views but no replies yet :(
so many views but no replies yet :(
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