abhijitp
07-27 02:30 PM
Urgency of getting a receipt is that once you get the receipt, it means that USCIS has 'accepted' your application and it will not be rejected for lack of initial evidence.
Too good to believe:-)
Too good to believe:-)
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vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
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!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
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!!!
DSLStart
08-09 07:36 PM
Wow dude you are impossible :D Good job though ;) Can you post your exact conversation in detail with second IO for benefit of us here.
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.
The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.
After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.
Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
I just called USCIS customer service to get it clarified for my case - applied 485 in July 07 and used AC21 in Aug 08. My 485 got approved Aug 6th 2010.
The first level officer said I am free switch. When I told that I have heard I have to stick to my current employer for 6 months or so, she put me on hold to check with supervisor. Then transferred me to 2nd level IO.
After almost 1hr wait, the second level IO confirmed I am free to switch. She got my receipt no and checked the status and mentioned I should get my card in week or two and I am free to switch.
Again, as mentioned I already invoked AC21. It will be good to hear from ppl who have not and if it makes any difference.
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logiclife
08-20 04:25 PM
I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.
The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.
I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.
IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.
Having your own lawyer means:
1. You pay him, you employ him, he is accountable to you, not your employer.
2. He/she works in your interest, not the employer's interest.
3. If your employer is not co-operating, you will know right away.
4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.
5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.
The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money. Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.
The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.
I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.
IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.
Having your own lawyer means:
1. You pay him, you employ him, he is accountable to you, not your employer.
2. He/she works in your interest, not the employer's interest.
3. If your employer is not co-operating, you will know right away.
4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.
5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.
The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money. Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.
more...
champu
03-02 02:53 PM
this is absurd, why would wire transferring money have immigration officer visit the candidate, if they dont want to give us GCs then most people will continue to transfer money.
I agree I did for the same reason.
I agree I did for the same reason.
dineshksharma
07-13 02:13 PM
Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
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aquarianf
02-03 03:04 PM
hello,
my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.
does this qualify for a US Master's? please note the fields are different.
My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...
any input guys?????
I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.
my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.
does this qualify for a US Master's? please note the fields are different.
My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...
any input guys?????
I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.
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ashrek
03-21 09:42 PM
Anyone from SC?
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kshitijnt
05-02 01:10 AM
Here are details of my interview:
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
VO: what do you do?
I: Software engineer.
VO: How many employees in your company?
I: 20-25
VO: I see your english is not good. How will you be able to do your job?
I: You are the first person to tell me in last 4 years that I cant do my job due to poor english.
[At this point I was ticked off]
VO: How long did you work for last employer?
I: 18 months
VO: How many employees in previous company?
I: 150
VO: How many Indians?
I: I dont know. Ask the employer.
VO: Is this company owned by Indians?
I: I dont ask my boss his citizenship status.
VO: Have you worked with them before?
I: Yes, I am here just to revalidate my visa.
VO: Why you are working for a small company?
I: My preference.
VO: How much salary do you earn?
I: XYZ USD per annum.
VO: Thank you very much sir, your visa is approved.
Didnt bother to thank her, just turned my back and walked away. Visa came by mail.
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copsmart
02-21 10:01 AM
Interesting!!!
So, did you get your Green Card after that visit? Or Are you still waiting?
Your profile still shows I-485 as your processing stage, so I wasn�t sure.
It was in sept 07.
So, did you get your Green Card after that visit? Or Are you still waiting?
Your profile still shows I-485 as your processing stage, so I wasn�t sure.
It was in sept 07.
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spindoctor
07-19 06:51 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
Good point. Restart thinking process...what a mess...
Good point. Restart thinking process...what a mess...
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nk2006
02-13 03:27 PM
I almost missed this drive. Thanks for the reminder.
more...
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nogreen4decade
07-16 06:35 PM
Guys, there is real substance to what oscarzumaran says as well......
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
It is not about the objective of the law. It is about intentions behind it and the effectiveness of it. Sure, throw illegals out.. But make sure noone who are following the law is suffered because of another law. You live here, then you know! SB1070 is not the way to go.
Ask yourself this question. How many American citizens, you have come across, even know about legal immigration process? This definitely applies to the police!
It is not fair to shout at him unless u understand the issue bereft of any emotions.
I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.
Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.
If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.
We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law
IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed
How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.
Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.
I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
It is not about the objective of the law. It is about intentions behind it and the effectiveness of it. Sure, throw illegals out.. But make sure noone who are following the law is suffered because of another law. You live here, then you know! SB1070 is not the way to go.
Ask yourself this question. How many American citizens, you have come across, even know about legal immigration process? This definitely applies to the police!
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ArkBird
05-01 05:36 AM
India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India�s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.
F-22 is newer version of F-18/F-16??
F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!
Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!
F-22 is newer version of F-18/F-16??
F-22 is Air superiority Aircraft and India is seeking Multi-Role Combat Fighter!
Whatever you are smoking dude seems real good stuff! Pass that sh1t over here!!
more...
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gbof
11-03 01:44 PM
Sometime back I commented on visa bulletin predicitions (whatever predictions remain popular) and got nasty comments and too many reds. I think some people get pissed off by the prospects of VB
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nk2006
05-15 11:43 AM
Contending that the H-1B visa programme is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
It is actually good. There are abuses in H1B program, some of these companies apply for mass H1B's before the quota is complete. They apply for H1B's even if there is no current requirement. Once the H1B is approved, they will send the employee when there is a requirement and that too for some specific time. This is abuse - genuine companies who go by rules have a lengthy procedure to fill a position: open a req/interview people/if the candidate need a h1 then they will file. By this time all H1's are over. These companies are worse than desi body shops - atleast some of smaller body shops apply for green card; but this big name IT oursourcers named by senators dont apply for greencards (there might very very few exceptions).
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
It is actually good. There are abuses in H1B program, some of these companies apply for mass H1B's before the quota is complete. They apply for H1B's even if there is no current requirement. Once the H1B is approved, they will send the employee when there is a requirement and that too for some specific time. This is abuse - genuine companies who go by rules have a lengthy procedure to fill a position: open a req/interview people/if the candidate need a h1 then they will file. By this time all H1's are over. These companies are worse than desi body shops - atleast some of smaller body shops apply for green card; but this big name IT oursourcers named by senators dont apply for greencards (there might very very few exceptions).
more...
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help_please
07-13 06:24 PM
By the way, AILA reports the bill numbers for the Dream Act as follows (the bills were introduced in both house and senate)...S. 774 and H.R. 1275...it doesn't mention anything about being below 30, z visas, or being undocumented...!!!
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thomachan72
04-14 03:24 PM
I read through this proposed legislature and there is absolutely nothing to worry about.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
your valid drivers license is clearly mentioned as one of the acceptable proof of legal status. you need to be arrested or there should be obvious reason to suspect ilegal presence for the law official to ask proof of legal status. Why is that of any concern? That is perfectly normal in a legal society. You dont have to walk around with your 797 or 94s all you have to carry is a valid drivers license. Even if you dont have a license you will be given a chance to proove your legal status or inother words the decision is not made on the spot.
Again for those unfortunate who are here ilegally this law might become an issue. But we might end up seeing inflation as a result of these crack downs. More industry particularly packing/agriculture might migrate oversees. Anyway we will wait and see.
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willigetagc
07-26 11:26 AM
oooh! the worries never cease...:D
I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.
Then it is all back to square 1, H1, GC, citizenship in India.... :D
I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.
Then it is all back to square 1, H1, GC, citizenship in India.... :D
eb3retro
01-13 03:44 PM
Eb3Retro,
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
Did you drive car on High Way over the speed limit and got ticket.
And passer by drivers at Higher Speed than you. Can you point police for stopping you.
So don't tell that you are fine and everybody is fine.
What if someone here saw your postings (800+ posting guru) and travels wihtout Transit Visa and Aitport people ask for Transit Visa and missed flight--- Have to stay at Airport for hours.
Try to accept rules guys....
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
abqguy
01-15 04:59 PM
Sent the letter. I will get with my Employer to do the same. Also, will try to get with my lawmakers too.
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