kg318
04-24 10:18 AM
What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
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deba
12-11 08:11 PM
Mehul, I sent you a pm. Please check. God bless.
GCStatus
09-15 12:15 PM
Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......
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09-23 04:29 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?
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Mount Soche
01-14 09:21 PM
I'm just sharing what my attorney told me about AC21. He says that he always has his clients inform the USCIS (not that one has to but that's what he does for his clients). He says that apparently before the USCIS adjudicates the I-485, they tend to issue an RFE, just to make sure you're working or have the job offer etc. So an RFE isn't unusual or a problem, it's just routine. Also, he says to make sure that the old company makes the job fit. He said to check the codes from the labor cert. approval to see if the new job falls within the same category as the old. I certainly will use AC21 when I find a new job and I wish everyone luck whatever you decide to do.
unitednations
08-25 03:31 AM
Hello, one of my friend had recently filed for H1B and needs guidance
Current Status : H1B expired, applied for renewal, converted to Premium processing to be able to renew drivers licence. He got an RFE asking tons of details about the company. The company responded, and was told by the lawyer that he is stuck in background check. He tried to contact a senators office to get the status and was informed by the senators office that USCIS intends to send him an denial notice and the case is with the clerical staff to send the denial, he would hear shortly from his lawyer.
His I-94 has already expired, he has a 140 approved recently and has not yet filed 485.
What are the immediate steps he needs to take to maintain his status in the country.
Any guidance will be highly appreciated.
Thanks,
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Current Status : H1B expired, applied for renewal, converted to Premium processing to be able to renew drivers licence. He got an RFE asking tons of details about the company. The company responded, and was told by the lawyer that he is stuck in background check. He tried to contact a senators office to get the status and was informed by the senators office that USCIS intends to send him an denial notice and the case is with the clerical staff to send the denial, he would hear shortly from his lawyer.
His I-94 has already expired, he has a 140 approved recently and has not yet filed 485.
What are the immediate steps he needs to take to maintain his status in the country.
Any guidance will be highly appreciated.
Thanks,
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
more...
srkamath
08-10 01:10 PM
My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
mita ! Relax.....:)
Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.
Thanks for promptly reporting your approvals and for the updates.
Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?
mita ! Relax.....:)
Even a credit card bill takes about a week to reach you ! You will definitely get his card next week, i'm sure you and child will also get approvals soon. At least there is movement on your family's case.
Thanks for promptly reporting your approvals and for the updates.
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Mehul
11-21 03:40 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
more...
desi3933
07-10 10:18 AM
Thanks for posting this link. This is a must read on AOS.
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c
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narayan_id
02-25 02:18 PM
Contributed $100 Receipt ID2626-3858-1037-1208 Thanks
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amitjoey
11-18 10:05 AM
We need 3-4000 people viewing this thread and sending emails.
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vijjus
12-11 11:38 AM
While it is true that both husband and wife working is a desirable goal, I think we must also consider senthil1's comment above. I personally know desi consulting companies that have placed people on B1 visa, altered resumes to overstate experiences etc. If the rednecks have brought a bad name to the whites, desi consulting companies surely have given Indian immigrants (specially in the SW sector) a bad name. As part of our current effort to voice our issues, we must also look at where we might have gone wrong.
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xyz_123
07-21 04:50 PM
I work for a Fortune 100 company and they have recently denied my request to convert my application to EB2 because its very hard to complete the recruitment and also they are afraid of an audit.
If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.
If there are options outside I wouldn't even think for a second, but there aren't that many employers willing to deal with the green card mess.
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SGP
11-18 09:17 AM
These best and brightest people are idiots. On other website they blindly doing. Shows lack of brains. If sending email will get greencard, then all lobbyist to stop business and only run email company.
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
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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
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Lisap
08-28 03:39 PM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
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eb3_nepa
07-10 10:01 AM
Can you please put this is text/html and feed to search spiders on google etc?
First off let us change the name of this thread from "Gandhigiri to DOS" to "Munnabhaigiri to DOS".
Gandhiji sent flowers to NO ONE.
First off let us change the name of this thread from "Gandhigiri to DOS" to "Munnabhaigiri to DOS".
Gandhiji sent flowers to NO ONE.
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guchi472000
04-30 09:54 AM
http://www.immigration-information.com/forums/showthread.php?t=4285&page=53
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sammyb
11-17 05:23 PM
Sent to
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
Senator Franken (D-MN)
Senator Klobuchar (D-MN)
Representative Paulsen
royus77
07-07 09:37 PM
Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.
Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join
Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join
english_august
07-09 10:58 PM
Well there is a lot of media attention already. I've been talking to so many reporters and there was a huge interest in the event.
Tomorrow, there will be a bunch of media people at USCIS to talk about this, yet in the entire DC area, only nixstor is available to go to USCIS.
How can we expect major media to cover us when we are not willing to participate in something that is of benefit to us?
Tomorrow, there will be a bunch of media people at USCIS to talk about this, yet in the entire DC area, only nixstor is available to go to USCIS.
How can we expect major media to cover us when we are not willing to participate in something that is of benefit to us?
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