anu_t
06-17 05:36 PM
I think after 180 Days you should be ok.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
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lacrossegc
07-30 07:34 PM
USCIS admits to AILA that the forms effective date is wrong ....
http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html
http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html
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belmontboy
02-15 01:29 PM
If each state in India were a country
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
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sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
more...
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dingudi
04-20 11:18 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
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seratbabu
11-18 08:42 PM
I just was able to submit by AR11, and then I started submitting COA for my I140 and I485. I successfully completed for I140, but when I started doing my I485, it said that my session timed out... Is there any way to submit just for I485? Should I submit a AR11 and then do 485? or as you said, is calling them the only option?
Please suggest.
I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Please suggest.
I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
more...
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pappu
09-09 08:01 PM
http://www.h1bfraud.com
If you are the owner of this site, pls post information how people should report any breaking of law.
Thanks for posing IV link on your homepage.
If you are the owner of this site, pls post information how people should report any breaking of law.
Thanks for posing IV link on your homepage.
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dvb123
02-28 05:52 PM
Bump
more...
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garybanz
01-14 05:29 PM
Assume my husband company doesn't want him to leave.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
Then what you say.
When you said u had a good relationship does that mean, you talked to your employer before changing jobs.
Thanks
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
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fide_champ
02-15 08:56 AM
yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
more...
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pointlesswait
05-03 02:25 PM
> eligibility to file 140 will be a great help.
is that just a "blog for thought" or does it represent a possobility????
any idea?
is that just a "blog for thought" or does it represent a possobility????
any idea?
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GCwaitforever
04-03 10:09 AM
I am quite happy with the answer from Logiclife. That is a logical response considering the difficulty we have with fund raising. Though IV has been there for just three months, we did a damn good job of raising the awareness and mobilizing people impacted.
My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?
I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.
Jinger,
Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.
My interest in raising the question was to gather the feedback and see what happens. Even though IV is focussing on BECs and retrogression right now, if this campaign is successful, there are other problems to solve down the line. Once we get the Greencards, are we going to stop looking at problems faced by others and go into our own shell like most of the current H-1B holders are doing right now? Or we take the same fighting spirit from this endevor and continue the efforts?
I am predicting that extending the V-Visa provison would become the goal of atleast some of us after getting a Greencard. I have few friends who could not bring their spouses here and I feel their pain.
Jinger,
Would you be constructive, bring some friends, organize and lead an effort to get this provision and prove you are unselfish? Criticizing someone is easy, but when you start doing the job, you would find the difficulties. So I urge you to move on to action, not criticism.
more...
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sts_seeker
07-05 04:24 PM
Hi All,
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
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illusions
04-07 11:13 AM
Wish u all the best.... wow 6 years...!
more...
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manjunathpv
09-20 08:21 PM
Raj
what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?
what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?
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harryom
03-24 03:47 PM
I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
2. My Alien number does not show up in 797A approval notice as I have pending 485.
3. The I-94# on passport card does not match with the one on new approval notice.
Now My questions is :
Do I need to get this passport#(1) typo fixed now or its ok?
Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?
All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.
Any suggestions/experience are apreciated.
Thanks
PD Sept 2004
I-485 pending
I-140 pending
EAD pending
AP approved
more...
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bestofall
03-24 10:41 AM
Rights and Responsibilities of H-1B Holders
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
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reverendflash
10-21 03:46 AM
Yeah, if I had anything but a 9pin dot matrix printer I could have made the heart red (lol - it took me a heck of a long time to make it even semi-resemble a heart) :P
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
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sodh
07-18 07:56 PM
Please meet your senator or someone influential.
up_guy
09-25 02:03 PM
Porting PD Imp Approach & Question
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
lacrossegc
12-13 12:12 PM
Somebody please shut down/delete this thread