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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 06-27-2007, 10:59 AM
Senior Member
Priority Date
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Mar-05
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:
EB2
I140 Mailed Date
:
05/13/2011
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:
India
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I-485
I485 Mailed Date
:
06/29/2007
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Join Date: May 2007
Posts: 935
diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default Employment agreement - Main Clauses !!

I've to sign this agreement if i want to get an Employer Letter. I feel like my hands and foo all tied up ....

Whole sentence from EMP agreement ...

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

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
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.
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  #2 (permalink)  
Old 06-27-2007, 11:14 AM
Senior Member
Priority Date
:
Mar-04
Category
:
N/A
I140 Mailed Date
:
01/01/2005
Chargeability
:
Afghanistan
Processing Stage
:
I-485
I485 Mailed Date
:
07/07/2007
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Join Date: Jan 2006
Posts: 307
Raju is on a distinguished road
Default

I guess you have no option but sign. I have never seen an agreement like this. They ususally state that the employee should pay back the filing costs of GC and H1B. Try to get as much evidence as possible in emails. After 7/8 months file for AC21 and threaten him that you will complain to DOL. If he does not fall, post the company name in as many websites as possible and move on to a new job. If you can get a good sign-on bonus or a 15K payhike it is worth to leave this guy.
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  #3 (permalink)  
Old 06-27-2007, 11:16 AM
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Mar-06
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I140 Mailed Date
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09/01/2006
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:
07/28/2007
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buehler will become famous soon enough
Default

Point number 8 is illegal and cannot be enforced in any court.
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  #4 (permalink)  
Old 06-27-2007, 11:18 AM
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psgprasad will become famous soon enough
Default

leave this guy, once you get your EAD, and 140 approved, so this agreement wont stand because your agreement states "After getting green card" , it does not state about "EAD".
Moroever, as of I know, no agreement can say "You cannot go to court", you have the right to dispute.
This agreement is only to scare you nothing more than that.

Disclaimer :My advices are of my knowledge and experiences, consult a attorney, for proper advice.
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  #5 (permalink)  
Old 06-27-2007, 11:18 AM
Senior Member
Priority Date
:
Mar-04
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:
N/A
I140 Mailed Date
:
01/01/2005
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:
Afghanistan
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:
I-485
I485 Mailed Date
:
07/07/2007
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Join Date: Jan 2006
Posts: 307
Raju is on a distinguished road
Default

Quote:
Originally Posted by diptam
I've to sign this agreement if i want to get an Employer Letter. I feel like my hands and foo all tied up ....

Whole sentence from EMP agreement ...

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

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
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.
Did he pay any of you GC costs?
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  #6 (permalink)  
Old 06-27-2007, 11:19 AM
Member
Priority Date
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Jan-04
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:
01/01/2004
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India
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05/01/2007
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Posts: 43
ngopalak will become famous soon enough
Default Doubt if this is enforcable

I doubt if something like this is enforceable. The next thing you know is they will be asking your first born in this agreement. If I were you, I would consult an attorney friend if you have one to see if something like this is even remotely enforceable. I know many companies try binding their employees by agreements that are completely not enforceable in a court of law.
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  #7 (permalink)  
Old 06-27-2007, 11:21 AM
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Priority Date
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Oct-03
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I140 Mailed Date
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06/03/2004
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07/02/2007
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bijualex29 is on a distinguished road
Default

To get letter sign any documents.
In the meanwhile, make a statement in the court keeping oat of confidentiality that the employer is misusing the Green card for cheap labor or some thing like that. Once you have 6 months after filing GC, use AC21 and move jobs and file a law suite with employer if they charge 10,000$.
Consult a lawyer
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  #8 (permalink)  
Old 06-27-2007, 11:23 AM
Member
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jgh_res will become famous soon enough
Default

Why is point 8 illegal?

Except for the one's in red color, I did see an agreement like this for a termination letter from an american company. The person had to sign the letter to get the final 2 or 3 months pay while they lay you off.

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
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.

Quote:
Originally Posted by buehler
Point number 8 is illegal and cannot be enforced in any court.
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  #9 (permalink)  
Old 06-27-2007, 11:25 AM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
05/13/2011
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 935
diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default Paid partly for GC.....

Paid for LC and 140...

485 i'm doing on my own because they said they can't do it in hurry. It may happen in July or slip down to August. Suckers !! I'm thinking July 1st and they are talking AUG.

Quote:
Originally Posted by Raju
Did he pay any of you GC costs?
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  #10 (permalink)  
Old 06-27-2007, 11:28 AM
Senior Member
Priority Date
:
Mar-05
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I140 Mailed Date
:
05/13/2011
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 935
diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default The mentioned that i can not file LAWSUIT

If you read the critical texts above - they are making me sign that i can't file lawsuits against them !

Quote:
Originally Posted by bijualex29
To get letter sign any documents.
In the meanwhile, make a statement in the court keeping oat of confidentiality that the employer is misusing the Green card for cheap labor or some thing like that. Once you have 6 months after filing GC, use AC21 and move jobs and file a law suite with employer if they charge 10,000$.
Consult a lawyer
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  #11 (permalink)  
Old 06-27-2007, 11:30 AM
Senior Member
Priority Date
:
Mar-05
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EB2
I140 Mailed Date
:
05/13/2011
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India
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I485 Mailed Date
:
06/29/2007
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Join Date: May 2007
Posts: 935
diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default After getting Green Card - that's indeterminate right ??

That's a indeterminate date... and could be anything from 2 yrs to 5 yrs ...

I'm just thinking why did they write it that way - the agreement shud be voided out - Right ??


Quote:
Originally Posted by psgprasad
leave this guy, once you get your EAD, and 140 approved, so this agreement wont stand because your agreement states "After getting green card" , it does not state about "EAD".
Moroever, as of I know, no agreement can say "You cannot go to court", you have the right to dispute.
This agreement is only to scare you nothing more than that.

Disclaimer :My advices are of my knowledge and experiences, consult a attorney, for proper advice.
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  #12 (permalink)  
Old 06-27-2007, 11:37 AM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: May 2006
Posts: 738
perm2gc will become famous soon enough perm2gc will become famous soon enough
Default

Quote:
Originally Posted by diptam
I've to sign this agreement if i want to get an Employer Letter. I feel like my hands and foo all tied up ....

Whole sentence from EMP agreement ...

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

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
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.
That is standard agreement most companies use..just a get an email reply for "UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS" and save it and also do communication with your employer only thru emails.

you can break the agreement whenever you want...Don't worry abt it now..just go ahead and apply for I485
__________________
Remember, remember always, that all of Americans... are descended from immigrants and revolutionists
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  #13 (permalink)  
Old 06-27-2007, 11:38 AM
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jgh_res will become famous soon enough
Default

You need professional advice on this. Talk to an attorney.

Quote:
Originally Posted by diptam
If you read the critical texts above - they are making me sign that i can't file lawsuits against them !
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  #14 (permalink)  
Old 06-27-2007, 11:44 AM
Member
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Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light Alien is a glorious beacon of light
Exclamation Close this thread when done.

Dont forget to remove this thread when you are done. Someone by/from "miracle" may track you down.
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  #15 (permalink)  
Old 06-27-2007, 11:47 AM
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arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute arnab221 has a reputation beyond repute
Cool Nothing To Worry !!

Diptam ,
SIGN IT !!
Once you get the GC in your hand . he can't touch you. if he goes to the court , he will caught in a Employment and Human rights voilation case .
" Employment at will " is a core right in the US constitution and no company can change it at any time. They will be in a deep mess if they bring up this kind of contract before the US justice system .


FUTHER , nobody has asked you to "resign" . Just work so badly / or work elsewhere that he "Lays you off ", in that way you are safe that he initiated your termination , you had no intenton on resigning .

Last edited by arnab221; 06-27-2007 at 11:49 AM.
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