rockstart
03-01 08:38 PM
Hi Rocky,
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
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vandanaverdia
09-09 09:39 PM
We had 2 more users join the WA Chapter. Welcome aboard! We need more....
wandmaker
08-23 05:27 PM
I lost the hope of GC after working 10 years in US because my GC is not approving.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.
You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
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gc28262
07-31 02:14 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
more...
sc3
08-14 03:57 PM
What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.
reverendflash
10-21 01:59 AM
there are a ton of sites out there for just that... how to improve your snapshots...
You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...
:P :P
Rev:elderly:
You didn't learn how to walk in a day, photography is the same, trial and experiment. With digital cameras, it is so cheap. I can't wait to take pix next week in Yosemite (camping w/my girlfriend)...
:P :P
Rev:elderly:
more...
gonecrazyonh4
01-29 12:06 PM
Agreement Reached to Re-evaluate Rule Requiring Federal Contractors to Use E-Verify
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
Yesterday, the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government�s E-Verify employment eligibility system.
SHRM and other associations requested this extension after the president�s Chief of Staff, Rahm Emanuel, issued a memorandum to all agencies stating that agencies should consider extending the effective dates of all regulations that were published in the Federal Register but that have not yet taken effect.
While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule.
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serg
12-21 01:10 PM
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?
We are in democratic country. Why not ask them first? Give them due process.
They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?
more...
crazydesi
09-03 07:57 PM
It helps for the older PD's who were stuck in name check for many years.
They are collecting this for New visa # which are going to come in Oct.
So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.
Guru's any insights.
They are collecting this for New visa # which are going to come in Oct.
So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.
Guru's any insights.
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srsrsr
07-19 08:17 PM
Hello everyone!
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj
more...
Alabaman
11-09 02:00 PM
Like my name suggests this is Alabama. I am in Birmingham... lets gather round yall.
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krishnam70
02-20 07:55 PM
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
more...
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akhilmahajan
04-23 07:55 AM
I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
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rakesh_one
10-10 10:47 AM
You have another option of attaching both the old and new fees in 2seperate checks along with a letter explaining your case,you can add in the letter that they could cash the check they felt right and return the other check.My attorney did this for me one time.You also consult your attorney for the same.
I faced similar issue on EAD. I have put two checks. One for 180 and other for 160. (total of 340). I have put a self addressed , pre-payed envelope and wrote a letter asking if they deem the fee is 180, then they can return or destroy the 160 check. I my case, they used both the checks and discorded the envelope.
I faced similar issue on EAD. I have put two checks. One for 180 and other for 160. (total of 340). I have put a self addressed , pre-payed envelope and wrote a letter asking if they deem the fee is 180, then they can return or destroy the 160 check. I my case, they used both the checks and discorded the envelope.
more...
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GCNirvana007
10-08 04:14 PM
I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.
Right now who is my employer Company A or B or none of the above?.
Right now who is my employer Company A or B or none of the above?.
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desi3933
09-17 09:09 AM
.....
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
........
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
........
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
more...
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doubleyou
05-18 01:22 PM
Congressional Reply says that the applicant is pending completion of background check. Previous congressional reply was that the name check is completed.
AILA is not getting any response from USCIS as per the lawyer.
How to check on the status of background check.
AILA is not getting any response from USCIS as per the lawyer.
How to check on the status of background check.
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chil3
08-24 12:40 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification
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WaldenPond
02-09 11:03 AM
Hello,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
MDix
03-05 05:10 PM
Please see my reply in red.
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
cin45220
01-26 04:45 PM
u are a rasam drinking gulty, right?
:eek:
check your facts again. racism is considered sexy these days ;)
If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...
With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..
-CinBoy
:eek:
check your facts again. racism is considered sexy these days ;)
If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...
With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..
-CinBoy
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