bujjigadu123
02-21 01:29 AM
Thanks for the reply...
Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?
Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?
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mirage
03-11 05:23 PM
Probaby you didn't see the whole list...
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
From Your Petitioner:
� A copy of the petition with all supporting documents as filed to USCIS.
� A copy of the employment contract or letter of agreement signed by you and the petitioner.
� Petitioner�s Income Tax Return for the last two tax years and financial statements.
� A notarized list of all the petitioner�s employees of the job site listed. The list should show all employees� names, their specific job titles, start and end dates, and their individual salaries and immigration status.
� State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
� A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
� A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
� A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
� A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
Nil
04-27 05:44 PM
Guys,
Pls do not lose heart.
speaking for myself, i have tried to remain active, but suddenly got swamped with a huge work-load.
in this economy, performance is a matter of survival. Not to say that we should accept immigration to be a luxury.
It is a pity i had to miss the donor's telecon last week, simply as i was still working.
So bottom line: there are still people who are willing to participate and active, but it is a matter of immediate priorities.
Let us keep up the spirit and keep working....
Pls do not lose heart.
speaking for myself, i have tried to remain active, but suddenly got swamped with a huge work-load.
in this economy, performance is a matter of survival. Not to say that we should accept immigration to be a luxury.
It is a pity i had to miss the donor's telecon last week, simply as i was still working.
So bottom line: there are still people who are willing to participate and active, but it is a matter of immediate priorities.
Let us keep up the spirit and keep working....
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immilaw
09-14 04:28 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
more...
nogreen4decade
07-16 07:28 PM
i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..
I believe he is some crazy Republican from Arizona. BE CAREFUL on what you say to him. I live in Arizona. I know these idiots.
I believe he is some crazy Republican from Arizona. BE CAREFUL on what you say to him. I live in Arizona. I know these idiots.
asindu
07-14 09:07 PM
Please dont talk BS if you do not even know who i am...i'm a member of this group since the start!!! So you have no right to say stuff you don't even know..i'm really tired of people being selfish and not caring about kids who do age out. Some children need this because they do become illegal, like myslef eventhough we we're legal...it doesnt harm you guys...so please help the dream act effort!!!
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jjjun
12-12 01:25 PM
They just do not want to us have a good Christmas time.
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Prashant
01-17 11:49 AM
Sent Letters, To the President and IV
more...
inskrish
01-15 11:44 PM
Hi,
Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.
Regards,
IK
Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.
Regards,
IK
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pointlesswait
02-12 09:31 AM
i know a friend whose wife was in the same boat..
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
more...
dish
01-10 04:37 PM
Hi all,
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.
Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.
Advice please.
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Gravitation
12-13 12:48 PM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.
I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
If EB2 RoW were flowing into EB3 RoW, this would not have been possible.
I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).
It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.
I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
If EB2 RoW were flowing into EB3 RoW, this would not have been possible.
I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).
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Soul
02-02 06:13 PM
It's not cheating to vote for someone else is it??
- Soul :goatee:
- Soul :goatee:
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kshitijnt
11-12 09:04 PM
You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.
I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.
By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level
I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.
By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level
more...
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gondalguru
07-19 01:10 PM
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
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nc_sekar_415
01-27 04:08 PM
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
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luckysuizhang
04-03 01:13 AM
sent
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gcseeker2002
08-22 07:38 PM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
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naushit
08-07 01:04 PM
My PD is August 2003
RD = 17th Jun 2007
ND = 18th Jul 2007
RD = 17th Jun 2007
ND = 18th Jul 2007
Lisap
08-22 12:45 PM
I will certainly keep my fingers crossed for you. Please keep me posted on the outcome. Best of luck to you.
baburob2
04-01 10:16 PM
sent it.
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