amitga
02-04 10:57 PM
Anybody living in Windsor, Please let me know. I will be coming there pretty soon.
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kshitijnt
07-09 01:22 PM
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
Getting a letter is not a big deal. What if I am a full time consultant in that company?
english_august
07-09 01:01 PM
I ve sent the pdf to my local newspapers. She is interested in doing the story.
Pls call & talk to her : kcollins@newsobserver.com
Feel free to call/talk to her.
Pls call & talk to her : kcollins@newsobserver.com
Feel free to call/talk to her.
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small2006
12-11 02:16 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
I am in the same boat. 485 filed at NSC on July 12, sent to TSC on September 7th. EAD/AP filed on Aug 9 at NSC and they are still in NSC.
I have AP approved and EAD pending. No FP notice yet either. Its been more than 45 days since opening a SR for that for both me and my wife. System sucks. I have been to the local ASC 3 times with no results.
Again I am not sure if the fact that my 485 is in TX and EAD/AP is in NE is cauing all the problems.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
I am in the same boat. 485 filed at NSC on July 12, sent to TSC on September 7th. EAD/AP filed on Aug 9 at NSC and they are still in NSC.
I have AP approved and EAD pending. No FP notice yet either. Its been more than 45 days since opening a SR for that for both me and my wife. System sucks. I have been to the local ASC 3 times with no results.
Again I am not sure if the fact that my 485 is in TX and EAD/AP is in NE is cauing all the problems.
more...
desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
VivekAhuja
09-17 01:42 PM
Vivek Ahuja - Apparently you didnt read the note completely or misunderstood it. All we are saying is be consistent or give our money back.
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
Yes, we chose to come COZ we were offered to come. We are not complaining here. We want them to follow basic rules.
On a side note, if they dont need immigrants not sure why they created H1B?
No one is doing anyone any favor here. We want everyone do their job.
And not sure whats your agenda of sending this note other than being extremely rude and ignorant.
*********************
I know the truth hurts but just because it is the truth does not mean it is rude or ignorant. Be realistic!
more...
rsharma
09-24 07:51 AM
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
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actaccord
02-17 11:11 AM
local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Local chapters need to be as active as IV forum to engage their members to take part actively.
more...
contactkpatel@yahoo.com
08-27 01:29 PM
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
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gccovet
05-12 01:08 PM
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
more...
jgh_res
07-20 02:25 PM
I pledged 100 $ today for Aman's expenses because I felt really bad abt that. I donated around 300$ till date including 20$ recurring contribution.
I filed my 485 long time ago. But when people who are really seeing the fruits of IV (July VB reversal) are higly reluctant to donate even a few bucks, while they are spending thousand's of dollars for their 485 stuff, I am kinda confused.
Are people really that selfish not to donate a few bucks(may be 5$per month) to an organization which is making them file 485 and reversed all this fiasco.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
I filed my 485 long time ago. But when people who are really seeing the fruits of IV (July VB reversal) are higly reluctant to donate even a few bucks, while they are spending thousand's of dollars for their 485 stuff, I am kinda confused.
Are people really that selfish not to donate a few bucks(may be 5$per month) to an organization which is making them file 485 and reversed all this fiasco.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
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dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
more...
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another one
07-03 12:58 PM
should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.
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Try this link one more time ..
http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9
Try this link one more time ..
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dicarol18
08-13 02:48 PM
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
more...
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GCStatus
09-13 09:36 PM
I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.
Yes, It doesnt matter, we are going for it.
Yes, It doesnt matter, we are going for it.
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Tito_ortiz
03-08 04:04 PM
Guys,
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
We are like MLK of our modern times. Just observe that it may take a long time to change this. Actual outcome of our efforts may come to fruition in 10-20 years from now. It is the reality folks.
The only problem is that MLK was a US citizen. We are not. We have a very bad mood against us. Like it or not, to our disadvantage we have all sentiment against illegal immigration spilling over us as well. Let me tell you, I no longer discuss, comment or let Americans, not even close people know about my situation. Do you know why? People actually may not tell you, but the vast majority of Americans actually are delighted when we say we and our wives live with such restrictions.
My conclusion is this:
If you are able to fire resumes back to home country or Australia and you can get good opportunities elsewhere, do not waste your time here anymore. Our golden professional years are the ones between 25-40. If you achieve your freedom only after 40 you may find yourself in a bad shape. At 40 I must be well established professionally already.
One more thing:
We have been very lucky so far. God Forbidden, if there is one major terrorist attack in this country, you will see this Congress AND the American people with enough ammo to turn their big guns against us big time. Do you really think people will waste time with us? I am not saying that is going to happen, but I am saying if we spend our lives here and we do not take the opportunities back home, that may be a risky move indeed.
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
more...
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va_dude
06-26 09:43 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
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boreal
08-31 05:03 PM
Wow - I'm already shaking in my boots .... Why dont you pm me your contact info and I'll call you and give you mine :)
hmm..awfully early to start drinking...wait atleast till late in the evening...maybe catch some live tennis and then booze. Stop writing here, please...
hmm..awfully early to start drinking...wait atleast till late in the evening...maybe catch some live tennis and then booze. Stop writing here, please...
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virtual55
04-30 11:20 AM
Thats Good news
abhijitp
11-21 03:07 PM
You are turning a blind eye to his family, while also asking him to spend time with his family. You ask him to spend what he can on his treatment, while his insurance cover may go away if he quits his job and return to fiji/india.
There is no easy answer here.
But if he had his GC, he could spend all the time with his family, use his insurance cover at the same time, and not worry about his family going out of status.
He COULD try to expedite the GC, while also exploring other options.
Sorry for splitting things apart, Mehul. My best wishes are with you.
There is no easy answer here.
But if he had his GC, he could spend all the time with his family, use his insurance cover at the same time, and not worry about his family going out of status.
He COULD try to expedite the GC, while also exploring other options.
Sorry for splitting things apart, Mehul. My best wishes are with you.
snathan
02-09 04:59 PM
^^^^^^^^^^^^^^^
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