Contracts--please read before signing one - page 3
by suzanne4 | 9,877 Views | 27 Comments
Contracts that are signed are legally binding in most cases. They should not be signed until you are very sure of what you are signing and what is included and what it not. Also you should know about where you sre going to be... Read More
- 4Dec 3, '07 by pinoy_guyQuote from lenjoy03you see, my aunt owns a nurse recruiter agency which is based in nj. she's a nurse by the way. she's willing to sponsor me and my cousin, but i haven't talked to her about these things yet. they just had verbal agreement with my aunt. my grandfather also works in an agency in l.a., but i dont know if his the owner . . . and what's the difference between the deduction thing? if the agency deducts $5/hr, how much does the nurse recruiter deducts?Quote from suzanne4a friend was petitioned by an agency owned by his close family friend (also filipino). he heard the refrain that he'll have to work a lot of overtime at this agency so the uscis will not deny his i-140. (he's on adjustment of status [aos].)and with things the way that they are, i would recommend staying away from family members as this can only cause friction among you in the long run now.
problem was, the agency was paying him $24/hour.
after doing hundreds of overtime hours with this agency, he realized he was getting nowhere financially, as he had to support his family in the philippines.
so he stopped doing overtime at this agency and he got jobs in 2 other hospitals, each of which paid $35/hour.
(this was when he finally accepted the fact that his agency was getting $11/hour of his work. and my friend paid for all his lawyer's fees.)
all fine and dandy until he got the nod (that's notice of denial) from uscis. the reason given was that the agency's financial statement showed that the agency cannot afford to give jobs to nurses.
the "family friend" then blamed my friend for being denied, saying the reason was because my friend was "unfaithful to the sponsoring agency" because he got other jobs at other facilities. (let me point out that nowhere in the uscis nod was this mentioned as a reason for denial.)
in short, the agency blamed my friend.
this stirred up a hornet's nest, because it strained the "family friend" relationship.
anyway, since this agency had other petitionees in the pipeline, and if these petitionees learn about the nod the dirt will hit the fan, this agency finally relented and filed an appeal. (essentially the agency wrote the uscis; my friend had to pay for all the fees.)
there is one problem: how can you appeal a financial statement?
can an agency suddenly claim that its financial status changed overnight?
(or did this filipino agency practice filipino-style financial reporting?)
anyway, my friend's fate hangs in the balance as uscis considers the appeal.
my other friends think this friend will get the notice to pack up and go soon.
i am not saying that other agencies do the same thing.
i am just sharing what my friend is going through.
- 0Dec 3, '07 by suzanne4Definitely listen to what the above poster has said.
The US government is now going over financial records of the petitioning companies with a fine tooth comb and denying petitions based on incorrect information included in it by the company or agency, etc.
There have been recent newspaper articles about companies with employers in other professions that did not pay their staff what was stated in their petition that was filed when the person was working under the H1-B cateogry and then when they filed for the green card, they got denied. This is a reason that they are asking for paycheck stubs, etc. to make sure that the employer was doing as they signed under oath that they were doing. And those people that do not get approved, must leave the US. Even if they are here and then it is found out that something was filed inappropriately, they have to leave the US, and cannot remain.
Reasons to stay away from family members that have agencies or "supposed" agencies. Bad blood develops more times than not.
- 0Dec 4, '07 by lenjoy03And there is another type of agency, one that many Americans use to work per diem shift. This type is never recommended for any foreign nurse as you are expected to already have experience in the US before being able to just jump in and fill and empty shift without any orientation, so to speak.
- 0Dec 4, '07 by lenjoy03Wah! 2 days ago, I tried to apply on my aunt agency via internet. Just for fun, I guess.... They called this evening and asked about stuff... I dont know the content of their conversation because he was talking to my father.
I was shocked when my father said, if ever my sister who is an onco nurse passed the NCLEX, she'll be able to go in US in just one year! BAM! That just shocked me! With the retrogression on going, I doubt it! Even if my aunt's husband is a lawyer in US, I still have doubts. Now I'm kinda scared on what's happening.... What if those stories from pinoy_guy and suzanne's stories will happen to me and my sister?! Please pray for our enlightenment and guidance regarding this issue...
To suzanne and pinoy_guy, thank you....
- 4Dec 4, '07 by suzanne4Before I post anything else here, please do not use the word enlightenment for getting information, that is not how it is used here or even in Europe. It is more of a religious connotation and used with Buddhism.
Now that being said, your aunt can tell anyone what ever they wish to hear but the fact is she does not grant visas, the US government does that and only them. No agency has any pull over in getting a visa for someone and add in to that the fact that there are just not any visas for anyone from any country right now. And many have been waiting for sometime for a visa with completed files at immigration already, and they do not have one. And they have been waiting for more than a year already with completed everything and you have not started the process yet.
And then add in the little fact that there are only less than 10,000 visas under the EB-3 for those from your country and that includes spouses and children and not just for nurses per year for the US. And there are many more that wish to work in the US.
So even with passing of the NCLEX exam and having an employer, there is no longer a guarantee that anyone will get a visa to work in the US, and especially with the retrogression in place and the PD date being 5 years out and expected to only get worse and not better for those that have not started the process already and at least have approval on the I-140.
Your family is giving you bad information, you will need to be accepting of the consequences as they occur and they will. Funnier is that the worst ones for selling relatives to the highest bidder are those from your country. In all of my years as an RN, have never seen anything like this. Selling a relative to get money in their pocket and it is usually aunties that are doing it.
- 1Jan 14, '09 by piyathanks for the wonderfull information..few people in india keep their nurses busy in signing a new contract evry 2 years in the name of updating the contracts....or else threaten to take legal procedures....so please have a good background check before signing up with anybody
- 0Sep 29, '09 by hime17Hi.
I should have read this thread before signing the contracts.
In my case, I made a contract after I passed NCLEX, CGFNS. So, practically, they didn't pay me anything.
And they can't give me a job for me right now, I believe I have a right to cancel them.
Anyway, I have to hire a lawyer.
I'm just wondering if there is anybody in a similar situation like me? And could cancel them?