LostInGCProcess
11-18 11:10 AM
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
sc3, your argument is totally wrong. The employer has violated the H1B rules and most of the employees who come from India for the first time may not know that its illegal to foot the charge for H1b.
Its like telling a woman not to complain to the authorities about the abusive husband, if the husband beats her up, stating that she know it was wrong and so she is party to the wrong doing. Common man!!!
If you are stuck and are exploited, there are protections in Law that would not come after you. There are immunities that apply.
H1B guy, the best course of action for you, in my opinion:
1) consult an attorney.
2) gather as much evidence as possible related to the charging for H1B.
3) find another project.
4) Try to record the conversation between you and your employer. Most state allow to one party consent except California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
You don't have to be afraid of a company that is doing business unethically.
Good Luck!!!
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485Mbe4001
07-22 02:04 PM
I have sent letters and contacted my congressman so many times that i am beinging to doubt that they even care. The staff understands the issue, provide sympathetic answers, but overall there is little progress. Everyone agrees that this bill is good and non controvertial.
I sent 5 letters, to congressman, senators and Mr. President also. (over reaction, isn't it?%$)
Gurus, keep sending letters this is good for EB3-I.. I guess...
I sent 5 letters, to congressman, senators and Mr. President also. (over reaction, isn't it?%$)
Gurus, keep sending letters this is good for EB3-I.. I guess...
akgind
11-06 12:50 PM
Congratulations! How come it got approved when your dates are not current?
Please see my signature. "earlier PD successfully ported"
EB2 Aug 2002
Please see my signature. "earlier PD successfully ported"
EB2 Aug 2002
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raysaikat
05-22 12:24 PM
you know, they posted August 29 for I140 at Texas, i predict it will magically move back to, lets say, July 28.
I second :) , but probably in next month.
I second :) , but probably in next month.
more...
vikki76
04-08 01:52 PM
Yes-excellent suggestion.India is a thriving democratic free sovereign nation.It is high time next Google,Yahoo and Oracle came from India.
If we all recent US returned people form our own corporation back in India-I am sure next generation of innovation will come from there.(Why software?-thankfully, Indian govt has kept that sector free from its regulation)
Reliance,Wipro and Infosys have made a big name.We need new self driven stories.
If we all recent US returned people form our own corporation back in India-I am sure next generation of innovation will come from there.(Why software?-thankfully, Indian govt has kept that sector free from its regulation)
Reliance,Wipro and Infosys have made a big name.We need new self driven stories.
rjd1234
02-23 03:58 PM
I came to US on h4 i applied for H1-B Visa.again I would like convert to H4 Visa.
My H4-visa stamped until 09/30/2007
My husband H1-B Visa stamped until 09/30/2007.
My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.
Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
My H4-visa stamped until 09/30/2007
My husband H1-B Visa stamped until 09/30/2007.
My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.
Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)
----------
Hi sertha1,
I have a similar situation. Can you please tell me how you resolved this problem?
Thanks
r
more...
alterego
10-04 12:10 PM
I agree that the current political climate is so screwed up that, they are not doing anything except in a reactionary way. Part of it is a lack of visionary leadership, "W" has hardly been able to unite the country behind much legislation. The Congressmen have been too entrenched in political gamesmanship and more interested in political survival than the broader national interest. Nothing illustrated this more than the recent bailout legislation. Noone liked it but clearly there was no other option either. The lack of conviction in the way congress approached it however means, they spent 840 billion (instead of 700) and even that seems too little too late. And it might even end up being the first of many more bailouts. Sometimes you indeed can be too late to help out and drag it out more than necessary. Much is all about perception and confidence. Finally, vocal special interests who have selfishness and ideology at heart have no doubt contributed to this toxic mess, and elected officials seem less and less able to divorce themselves of their undue influence (it was not always that way in this country).
The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.
The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.
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sanju
01-15 11:36 AM
I agree - these are things that have to be taken very seriously.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
Akshay was one of us and I feel saddened to read this news.
However, this violent act could possibly be a sign of tough economy. Although, the problem is, any attack on an "India" immigrant is covered by stupid of all NDTV and times of Iindia et al. How many people died in India because of violence yesterday in India? Anybody knows that number? Anybody? NDTV? TOI? None. Noe one cares. The United Stupid of the Media don't care and don't cover that news. NDTV is just trying to get more people to click on their webiste and read their news. And people people will fall in that trap if the headline reads like 'Indian Technie was killed in a violent attack'. People from the subcontinent will then click on the news.
The reality is, if you do math, and find out the % of population of "Legal Immigrants" if that is your concern, the crime on "Legal Immigrants" is lesser as compared to the crime involving attacks on natives. If your concern is that crime on "Indian Techie", then you can do the math and find out the % of population of "Indian Technie" to the other demography of the population, the crime on "Indian Techie" is less as compared to the crime involving attacks on any other demography. So this "news" style is flawed and "educated" people could use caution when subscribing to the conclusion of the news artiles we read, just as we should use caution reading any religious book. This cautionary practice of not subscribing to a viewpoint, just because it showed up in the newspaper or because it is written in a "book" by someone in the past, in my opinion differentiates between "an educated who went to school" and "an uneducated who went to school".
The reason for my writing this is, very soon you will see an article on NDTV with the deadlines something like - "200% increase in the crime against Indian techie" because last year 2 Indian techies died and this year that number jumped to 4. And everyone will read that news formulating an opinion that India techies are slaughtered on the streets of AR, and some will say AR and detriot is a very dangerous place to visit. And such opinion is as wrong as the opinion which suggests other for not going to Mumbai because there was a terrorist attack in Mumbai last November.
We should use caution with falling in the trap of the reporter/news media and not perceive the news what the news media wants us to understand, and maybe treat the news just the way the news is. That's all.
.
I am also hearing that desi houses are being targeted in New Jersey as ZDesis have jewelery in houses.
Akshay was one of us and I feel saddened to read this news.
However, this violent act could possibly be a sign of tough economy. Although, the problem is, any attack on an "India" immigrant is covered by stupid of all NDTV and times of Iindia et al. How many people died in India because of violence yesterday in India? Anybody knows that number? Anybody? NDTV? TOI? None. Noe one cares. The United Stupid of the Media don't care and don't cover that news. NDTV is just trying to get more people to click on their webiste and read their news. And people people will fall in that trap if the headline reads like 'Indian Technie was killed in a violent attack'. People from the subcontinent will then click on the news.
The reality is, if you do math, and find out the % of population of "Legal Immigrants" if that is your concern, the crime on "Legal Immigrants" is lesser as compared to the crime involving attacks on natives. If your concern is that crime on "Indian Techie", then you can do the math and find out the % of population of "Indian Technie" to the other demography of the population, the crime on "Indian Techie" is less as compared to the crime involving attacks on any other demography. So this "news" style is flawed and "educated" people could use caution when subscribing to the conclusion of the news artiles we read, just as we should use caution reading any religious book. This cautionary practice of not subscribing to a viewpoint, just because it showed up in the newspaper or because it is written in a "book" by someone in the past, in my opinion differentiates between "an educated who went to school" and "an uneducated who went to school".
The reason for my writing this is, very soon you will see an article on NDTV with the deadlines something like - "200% increase in the crime against Indian techie" because last year 2 Indian techies died and this year that number jumped to 4. And everyone will read that news formulating an opinion that India techies are slaughtered on the streets of AR, and some will say AR and detriot is a very dangerous place to visit. And such opinion is as wrong as the opinion which suggests other for not going to Mumbai because there was a terrorist attack in Mumbai last November.
We should use caution with falling in the trap of the reporter/news media and not perceive the news what the news media wants us to understand, and maybe treat the news just the way the news is. That's all.
.
more...
sanju
05-14 05:49 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
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akv123
07-14 07:22 AM
Should IV be worried for credit on 'Gandhigiri'? Stop fighting with other groups -- stay focused on the main issue - July VB reversal.
more...
HopeSprings
04-08 02:53 PM
Guys,
The visa bulletin is out and looks like most of us weren't even close. Nevertheless, this prediction thing is fun.
The visa bulletin is out and looks like most of us weren't even close. Nevertheless, this prediction thing is fun.
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belmontboy
04-21 03:23 PM
To OP: Why didn't you add your parents to your GC application as your dependents? Check if you can do so now..?
This is not IT returns :) to do so
This is not IT returns :) to do so
more...
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prem_goel
08-04 05:43 PM
yes, its an equally plausible statement; however I was only referring to the way USCIS handled the July 2007 fiasco applications. There will always be bit of exceptions here and there. As people have pointed out also, there might be reasons for those exceptions as well. They have various stages in processing a 485 application, so it'll not always be FIFO. There'll be a bit of overlap always.
I was impressed by the way they published the processing dates accurately. Through that, I knew the approximate time-frame they were going to pickup my application. I also could guess reasonably well the time-frame for the RFE hence. I acted goody goody at work during those days then ;)...I knew I will have to request an EVL during this time-period that should match my job duties in the application.
Dude, i think you are thinking too much of it. USCIS is NOT an organization that goes by process.
No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.
I was impressed by the way they published the processing dates accurately. Through that, I knew the approximate time-frame they were going to pickup my application. I also could guess reasonably well the time-frame for the RFE hence. I acted goody goody at work during those days then ;)...I knew I will have to request an EVL during this time-period that should match my job duties in the application.
Dude, i think you are thinking too much of it. USCIS is NOT an organization that goes by process.
No intention of harm or personal flame... i just wanted to show how a statement of exactly opposite nature can also sound equally plausible.
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krishnam70
02-15 03:27 PM
If you really look at who is paying less and misusing the H1-B and L1 to manipulate the job market, its the big offshore companies who bring the less experienced folks from India/China and other asian countries into US. These biggies pay way too less (52 to 57K) to these folks than what the conultants who work for local consulting companies make.
They apply for 1000's of H1B's and L1's showing the positions in US but 60% of the folks works back in their offshore centers in China or India with H1B/L1 stamped on their passport. Question is, if they applied for H1B / L1 based on an existing position in US and gets approved, why is that folks are still working in India or China center? Doesn't that mean they faked the position?
When we consolidated the vendors and excluded all the local consulting companies to include only two of the big offshore companies, we have seen their consultants brought onsite leaving them after few months at our group to join local consulting companies for better pay.
To me, they manipulate the job market displace americans much more than the local consulting companies.
I truely hope CIS look deep into these manipulations and frauds as well.
I think the unlimited number of L1's has been a 'bane' for the employment market here as they 'definitely' replace the American jobs.Again this might fit in to the company's strategy and I m no one to complain about it. I am sure most of the other consultants on H1B in this country do make decent enough ( > 75k ) to qualify for the wage bracket that is being applied as a statistic here. The fact is though is that the employers do advertise lower salaries for the positions there by creating requirement though they might be actually paying the employees more than the advertised salary.
kris
They apply for 1000's of H1B's and L1's showing the positions in US but 60% of the folks works back in their offshore centers in China or India with H1B/L1 stamped on their passport. Question is, if they applied for H1B / L1 based on an existing position in US and gets approved, why is that folks are still working in India or China center? Doesn't that mean they faked the position?
When we consolidated the vendors and excluded all the local consulting companies to include only two of the big offshore companies, we have seen their consultants brought onsite leaving them after few months at our group to join local consulting companies for better pay.
To me, they manipulate the job market displace americans much more than the local consulting companies.
I truely hope CIS look deep into these manipulations and frauds as well.
I think the unlimited number of L1's has been a 'bane' for the employment market here as they 'definitely' replace the American jobs.Again this might fit in to the company's strategy and I m no one to complain about it. I am sure most of the other consultants on H1B in this country do make decent enough ( > 75k ) to qualify for the wage bracket that is being applied as a statistic here. The fact is though is that the employers do advertise lower salaries for the positions there by creating requirement though they might be actually paying the employees more than the advertised salary.
kris
more...
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satyasrd
07-02 07:27 AM
pbuckeye,
I am with you on this and am willing to put in efforts for bringing some relief to all those patiently waiting to file their I-485. Unfortunately, whenever I bring up this topic I get no support from anyone. I don't think people waiting to file I-485 realize that possible wait times could range from 5,6 years to even a 20 ! Everyone has their hopes set on a mirage called CIR.
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
I am with you on this and am willing to put in efforts for bringing some relief to all those patiently waiting to file their I-485. Unfortunately, whenever I bring up this topic I get no support from anyone. I don't think people waiting to file I-485 realize that possible wait times could range from 5,6 years to even a 20 ! Everyone has their hopes set on a mirage called CIR.
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
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PlainSpeak
04-19 12:17 PM
CHANGE - That is all that is left in my pocket
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dhirajs98
06-28 02:03 PM
my pd is march 07. my agency told me they converted my I 140 into premium on june 18.But my case status still hasn changed from 'RECIEVED N PENDING". Is there any delay by the uscis usually in changing the status?
Can somebody please clarify?
My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.
Can somebody please clarify?
My RFE response to the I-140 PP was sent on June 7th but I have received anything from USCIS. Status on theor wesite is still old. Its almost 3 weeks after I sent the response to the RFE. I am not sure what is going on w/ USCIS these days. They have taken money to process it in premium but it seems they don't bother to complete case in 15 working days anymore.
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immi2006
06-04 01:54 AM
Folks,
Go for 485, if you are not sure of your documents. I know someone who went there and who is still waiting due to Retrogression of dates to enter USA.
It is good for someone who does not mind staying outside of USA indefinately.
This is a note for all India based applicants
Go for 485, if you are not sure of your documents. I know someone who went there and who is still waiting due to Retrogression of dates to enter USA.
It is good for someone who does not mind staying outside of USA indefinately.
This is a note for all India based applicants
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logiclife
02-01 02:27 PM
If I use my AP , what documents I need to carry? original 485 reciept? my original receipt is with lawer, he send me photocopy.
Its a good idea to have an original 485 receipt, but in my case, they did not ask for it and didnt see it. Not even photocopy.
Nonetheless ask your lawyer for 485 receipt and they should give you that. There is no reason for them to keep the original with themselves, they can keep the copy and give you original.
Its a good idea to have an original 485 receipt, but in my case, they did not ask for it and didnt see it. Not even photocopy.
Nonetheless ask your lawyer for 485 receipt and they should give you that. There is no reason for them to keep the original with themselves, they can keep the copy and give you original.
GCHope2011
08-11 05:56 AM
... disappointed...
chanduv23
05-13 02:20 PM
you will come acros these Jerks ..barely educated with BA music or Art degress or just some schooling and sitting as managers..what else can they do..abuse other people...prey on the weak..weak because we are on Visa...
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
they dont get any certification or any skills but however they want all the benefits/promotion..etc.
In such situation...dont let the situatuion grow..you need to change your gruop/company and remind the manager that they need to stick to rules..be diplomatic.If you are diplomatic and sensible in dealing with such cases..you will come out a winner..
Dont forget to complain to the HR about this person ...as this is a recurring pattern...then they will have a record of the persons behaviour
Yes, please do this. When I did it, I was not diplomatic and I believed people, but if you have some diplomacy, you can work it out for your own good.
As per my first post - the person though is an Indian, she is a US citizen. You all can now understand what kind of backlash is driving the politicians.
FArom all this we must understand that Grassroot advocacy is not going to be an easy task and there is a long way to go. More people, more funding, more support, more reach, more skills.
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