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  • a_yaja
    06-26 03:49 PM
    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
    No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).

    Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.




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  • SunnySurya
    08-18 01:14 PM
    This issue cannot be solved through Lawsuit. What are the other alternatives?
    Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!




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  • EB3_SEP04
    08-27 10:34 AM
    We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.

    EB-3-India (March 2003)
    Labor Approved: Oct 2006
    I-140 approved � Jan 2007
    I-485 applied � June 2007
    EAD (Renewal) applied � May first week 2008
    Called USCIS and Opened SR � August first week
    Infopass at local uscis office: Aug 20th
    Called Congress Woman�s office: Aug 21 st
    EAD Approval email: Aug 25

    Does this mean, if someone has never done FP for 485, will need to do it now for EAD even if it is paper based?




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  • singhsa3
    11-21 10:06 AM
    It is really sad to hear that. I am no expert by any means but assuming that you are still a young family (say in mid thirties), I would suggest that unless your family is financially secure and have other family members here in the USA to lean on, I will suggest to at least consider the option of going back, irrespective of what the outcome of you green card process may be.



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  • 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




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  • rock945
    06-11 10:52 PM
    I mailed mine on May 25 and up to now I haven't gotten anything yet. My lawyer mailed it to NSC and since my I-140 is pending with the TSC, my lawyer said they will just forward it there. It's taking too long. Anybody in the same boat as I am?
    I was under the impression that you cannot file before June 1st..



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  • saisujatha123
    05-12 06:45 PM
    Some one tell where and how to send flowers?:confused:

    Please advice




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  • gc_dream07
    07-19 09:37 PM
    I agree with move. I will participate. Please add EB1 also in the list. EB1 also should get the GC based on priority as the title of the thread says. Also remove the country quota. That will make it purely first come first serve basis. Everybody is treated equally irrespective of country or background.



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  • spulapa
    02-02 10:24 AM
    All the very best in what ever decision you take....!!

    You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!




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  • kdprasad
    08-13 08:01 PM
    My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.

    My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.

    I have not seen the notices yet so I dont know what the notice dates are.

    Did the checks got cashed. ???



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  • eb3stuck
    06-27 12:49 AM
    Santosh,

    I think INS or BCCS director have authority to make this provision for filing I-485 when dates are not current.This will atleast relieve many of us and our spouses/dependants from current uncertain situation.

    Can we all concentrate on this and take one at a time.
    What do we all have to do toward the efforts on this?

    eb3stuck




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  • 53885
    05-23 11:19 AM
    Logiclife,

    Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.

    Also i will reformat the template in Word and fax it to 12 senators.



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  • somegchuh
    10-08 05:37 PM
    I see three groups emerging in this disucssion:

    1. We applied labor in 2002/3/4. Therefore, GC should be PD based.
    2. We applied labor in 2001/2/3 but had to reapply in 2005/6, therefore GC should be based on number of years in US.
    3. Govt should "end retrogression" and give green cards to everyone.

    I can understand the rationale of all three groups: they want things to work the way it will benefit them. In some way the rationale of first two groups can be justified also.

    What I am having trouble with third "end retrogression". What does it exactly mean? There are only limited number of GC's per country. Are you talking about merging all the countries into one queue? I am not sure if ROW applicants will like that because that might set them back. Are we talking about raising the per country caps? How do you accomplish this "end retrogression".

    gjoe/and others,

    No one's trying to cut the line here. If there's any, it's purely procedural and has nothing to do with 'Ending Retrogression'. With or without retrogression someone might get an RFE, get stuck in namecheck etc. Ending retrogression provides earlier PDs better chances of getting GC faster (if dates are 'C' you get it the month you clear RFE, Name check etc.)

    Just posting here isn't helping you cause. Instead you guys can get together and start sending flowers to USCIS director requesting him to publish the complete list of GC applications approved every year. It's the first step in enforcing FIFO. Right now there is no such list and no way of knowing who got their GC out of turn. And while you guys are at it also send some flowers to FBI to clear Namechecks FIFO, to DOL to approve PERM petitions FIFO etc.

    Go spend those $50 at Flowers.com folks. Start writing to Senators, collect money, do the lobbying etc. Who's stopping you?

    Or do you want logiclife, pappu and rest of the IV core to do it PRO BONO for you?




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  • snathan
    02-09 12:07 PM
    Done...

    Unique Transaction ID #5G807044SR6324537)


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    07-03 02:00 PM
    http://www.yorkflowers.com/cgi-bin/yorkitem-dba.cgi/C39-2942

    This works for me!:D




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  • royus77
    08-01 01:47 PM
    I 140 from TSC and I 1485 received at NSC on july 2 8:00 AM



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  • sina
    08-26 12:14 PM
    No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.

    Thanks,
    Sina




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  • mrajatish
    08-07 10:44 AM
    My 140 was pending in TSC since early feb. It got approved on Aug 3rd. My 485 app was receipted on the same date from TSC. So, app was transferred from NSC-> TSC (filed in NSC on June 25th).

    So, folks, hold on - you will get receipted soon.

    Are you guys participating in IV rally in September - please consider doing so.




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  • gcspace
    10-03 10:05 AM
    If you are still waiting then please add your name

    Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,

    July 3rd at 9:03 received by R.William
    --------------------------------------------------------
    lutherpraveen
    PDOCT05
    i99
    helpme1234
    kingnaga
    waitforgc123
    Rohan99
    gclongwaytogo
    cool_cat
    sivanu
    GKBest
    bluesky1

    July 5th
    ------------------------------------
    chalamcharla

    July 16, 9:00 am at Nebraska signed by R Pitcher
    --------------------------------------
    viveckj99
    gcspace

    ---------------------------------------


    I added mine to the list




    prom2
    09-08 04:43 PM
    Hello All,

    Talked to my lawyer today about the checks; they have been encashed for myself and my spouse on 9/4. My RN starts with SRC.

    My I-140 was approved from Texas and my AOS/485 was mailed on july 2nd and arrived on july 3rd to NSC.

    Just a curious question for those you have already received their RN#. When checking the case status it displays "I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS "...will this message change when EAD has been approved and mailed?

    Thanks and good luck to all.

    No, I-485 and EAD have different receipt numbers and each case status is different.

    Good luck !




    drirshad
    04-07 09:35 PM
    STRIVE and u will win ..........

    Or at least you will have ur SKILLs ......

    Khan
    ------
    Something worst always happen when much good is about to happen .........



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