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 hairstyles white wedding decor
gcharry
11-11 09:41 PM
Thanks guys for your response.
martinvisalaw
01-26 10:37 AM
He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
2011 Wedding Reception Table
Sushana
01-15 07:52 AM
Hi,
I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.
Thanks in advance for your guidance.
I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.
Thanks in advance for your guidance.
more...
whattodo21
04-29 11:44 AM
You can apply for an MTR, and if it is approved, you are safe. If not, you will be out of status from the day your petition was denied.
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
djmaddy
07-18 12:23 PM
Thanks a lot Kirupa!
more...
qplearn
09-13 12:59 PM
It is not illegal. Some companies apply for extensions a bit late and in the mean time, the VISA expires. It is OK. At the most he/she will not be able to drive as the drivers license is linked to the VISA expiry.
Fine then of course.
Fine then of course.
2010 The favors are white wedding
girijas
06-20 10:33 AM
I have subscribed to the group. Am awaiting approval. Please contact me: I am actively working on lobbying for the bills, am part of teamIV and would like to organize a musical get together to raise money. I play classical violin myself; so I can be one of the performers. Please approve my membership or contact me at
shoklate@gmail.com
shoklate@gmail.com
more...
grupak
06-16 09:46 PM
Hi All,
I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.
In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?
Thanks for help.
Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.
I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.
In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?
Thanks for help.
Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.
hair Ivy Wedding Reception Decor
engineer
11-02 01:06 PM
I sent invite to 50-60 people..please do same..
more...
lecter
December 22nd, 2004, 05:00 PM
Complain? Nah, I am a D70 fan, nice camera.....
hot wpid white wedding
guyfromsg
09-08 12:17 AM
We just got the FP notice and need to get it done in a city more 100 miles away. Will most of the FP office open on Saturday?
Thanks a lot!
One in Atlanta is open on Saturday..
Thanks a lot!
One in Atlanta is open on Saturday..
more...
house Navy Blue and White Wedding-
Mahatma
10-22 08:18 AM
Moon mission is quite a technological jump! As per APJ, it all starts from looking into the sky and dreams....imagination, creativity.....
American dream is also lots of ups and downs....
Indians in IT and NASA are products of those dreams....
Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...
All of the above impact us fundamentally as well.
Why STOP this thread as long as the context is technology, our future and life in 21st century?
American dream is also lots of ups and downs....
Indians in IT and NASA are products of those dreams....
Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...
All of the above impact us fundamentally as well.
Why STOP this thread as long as the context is technology, our future and life in 21st century?
tattoo White wedding reception table,
hourglass
03-01 05:17 PM
Count me in for, SoCal chapter....do we have any plans to meet our congressmen or senators..
more...
pictures hot wedding decor style ideas
girijas
06-20 10:55 AM
Thanks for the quick response. I have already received an email from one of the members and have responded with my contact details.
dresses Black and White Wedding- Black
GC_LOOKIN
12-11 11:22 PM
Thanks Nashorn.
My Biometrics are done couple of months ago and I saw LUD's at that time,I am not sure if my name check is cleared..how do I find out if my name check is cleared ??
My Biometrics are done couple of months ago and I saw LUD's at that time,I am not sure if my name check is cleared..how do I find out if my name check is cleared ??
more...
makeup The classic red and white
kk_kk
09-20 01:56 PM
yes. you can. Just DON'T cancel. Keep them suspended. You have your utilities also suspended in the same way for much lesser fee.
girlfriend Blue and White Wedding-
neeidd
07-15 12:23 AM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^bumppppppppppp pppppppppppppppppppppppppppppppppppppppppp^^^^^^^^ ^^^^^^^^^^^^^^^^^
hairstyles simple Wedding Reception
gc_in_30_yrs
07-27 04:20 PM
Hi, I know this question is being asked by many people. I am sorry, but still confused. My situation is:
EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.
Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?
Gurus, Please advise.
Thanks.
EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.
Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?
Gurus, Please advise.
Thanks.
pcjandyala
07-21 11:12 PM
Hi
Your application and your wife applications are different though she applied as dependent on your application both I-485 applications are treated separately.
So you will be on H1 though your wife uses her EAD. My friend is also in the same status and he is waiting for an answer from an attorney. I would update here once he hear back from attorney.
Thanks
Your application and your wife applications are different though she applied as dependent on your application both I-485 applications are treated separately.
So you will be on H1 though your wife uses her EAD. My friend is also in the same status and he is waiting for an answer from an attorney. I would update here once he hear back from attorney.
Thanks
ddeka
01-25 04:06 PM
Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
No you don't need. Whatever Rtarar said - thats what you need
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
No you don't need. Whatever Rtarar said - thats what you need
No comments:
Post a Comment