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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 01-05-2008, 07:10 PM
passionit passionit is offline
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Default Employee Agreement

Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE’s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
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  #2  
Old 01-05-2008, 07:38 PM
karan2004m karan2004m is offline
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Default

I am not an expert but i can tell u confidently that he can get a jail term for sure with these wordings... this is totally illegal and is just to scare you so that you should not leave the firm..
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  #3  
Old 01-06-2008, 12:59 AM
sidbee sidbee is offline
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Default

Quote:
Originally Posted by passionit View Post
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE’s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
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  #4  
Old 01-08-2008, 12:03 PM
jsb jsb is offline
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Default

Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
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  #5  
Old 01-08-2008, 12:14 PM
garybanz garybanz is offline
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Default Contracts!

Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

My contract with my desi consultant basically says

"Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.

In particular, I will not:

(i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or

(ii) Divert or attempt to divert business away from Employer;"



Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
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  #6  
Old 01-08-2008, 12:22 PM
jsb jsb is offline
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Quote:
Originally Posted by garybanz View Post
Folks,
As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

...
...
Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?
Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.
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  #7  
Old 01-08-2008, 01:57 PM
ssingh92 ssingh92 is offline
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"same geographical area" what does it mean. In US or in the same State or the 200 mile radius from your company head qtr. You need to contact a good attorney.
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  #8  
Old 01-09-2008, 06:37 PM
mybid2003 mybid2003 is offline
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Default Can such employee join the client?

Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.

In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?

Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?

Pls let me know.

Thanks in Advance!!!
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  #9  
Old 01-09-2008, 10:38 PM
rahulpaper rahulpaper is offline
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Default Thats interesting...will it cover agreement signed before 2007?

Quote:
Originally Posted by jsb View Post
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
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Last edited by rahulpaper; 01-09-2008 at 11:01 PM.
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  #10  
Old 01-10-2008, 12:38 AM
kmk2002 kmk2002 is offline
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Default Covers only fees related to Labor application

Thanks for the document.

But I think it does not cover 140 & 485 related expenses or contracts tied to these application.






Quote:
Originally Posted by rahulpaper View Post
Thats interesting...will this new law cover agreement signed before 2007?
Quote:
Originally Posted by jsb View Post
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
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