Is this legal ? or usual ??

dbadba1

Registered Users (C)
I am in WA state. PD - Apr 2007, EB2, i-140 approved in June 07, I-485 filed in June '07. (Well past 180 day limit)

I have an offer from big-shot organization. but they have asked me to sign following letter - Is this legal and/or safe to sign my-life / GC away ?? Shouldn't this new employer at least state that - they will act in "good faith" and help with any RFE related to my GC application in following letter ??

Statement of Understanding

I, firstName, LastName, hereby affirm that I am joining XXX Corporation (“xxx”) pursuant to the AOS portability provision of the American Competitiveness in the 21st Century Act (“AC21”). Although I am aware of the potential risks, I nonetheless desire to attempt to preserve my eligibility for adjustment of status (“AOS”) to U.S. lawful permanent residence (“green card” status) by relying on the AOS portability provision of AC21. I have had ample opportunity to consult with an attorney of my choice to advise me on my legal rights and potential disadvantages if I rely on AOS portability. I desire nevertheless to be considered for employment by “xxx”. I therefore confirm my understanding of, and complete agreement with, the following statements:

A. My decision to apply for employment with “xxx” and at the same time to rely on AOS portability as a means of attempting to preserve my opportunity to obtain U.S. lawful permanent residence is completely voluntary on my part;

B. I disclaim any responsibility or liability on the part of “xxx” for any decision I make concerning AOS portability and release the company from any and all resulting damage my family and I may suffer;

C. To the best of my knowledge and belief, my AOS application has remained pending but undecided at the INS, my current or former employer who sponsored my employment-based permanent residence has not requested withdrawal of my I-140 petition, withdrawal of my approved labor certification, or substitution of another alien into my labor certification, and neither the INS or DOL has revoked my labor certification or I-140 petition;

D. I am fully aware of the inherent risks if I rely on AOS portability, including the risk that my own and my family’s applications to adjust status to permanent resident might be denied or revoked, and that my family and I may be required to depart the United States on a temporary or permanent basis; and

E. I solely accept responsibility for the possibility of an adverse outcome if I rely on AOS portability as a basis to try to preserve my own and my family’s eligibility for U.S. lawful permanent residence (“green card” status).



_________________________________________
FirstName LastName

_________________________________________
Date
 
Have them change INS to USCIS before you sign it. You have told them that you have a pending I-485 and will be working for them on a (c)(9) EAD...they do not want to keep filing I-129 H1-B extensions for you...IF your I-485 is denied, they will not be responsible for that circumstance or for your moving expenses back to your home country.

They are having you sign a waiver of liability. So, IF YOU have given inaccurate or false information to them, and you end up getting denied a greencard, you cannot try to hold the new employer responsible for anything.

If I were the new employer, I would want such an understanding. People get things wrong and flat out LIE all the time. A disclaimer is a safe thing to have. If you don't sign such a statement, they won't hire you.

If I were the new employer and you refused, I'd tell you to hit the road.
 
Thanks for the valuable input and clarification to the legal-speak!

I reached AoS pending status via TN-I140- route rather than H1-b route and therefore I am on EAD renewal cycles now.

Just to reiterate my concern - Does it make sense to amend the Stmt of understanding with something like the statement listed below ?
The new employer will act in "good faith" and help with any RFE related to my GC application in following letter.

Also, since the agency name is now USCIS and the letter states INS, does that mean that the statement it-self is now null and void - similar to a traffic ticket ?
 
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