santb1975
01-27 01:33 PM
The employer does not seem to be clean. Please don't set yourself up for stress and abuse
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."
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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raysaikat
01-09 11:56 AM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Remember that you need to pay the entire cost of insurance from your own pocket for COBRA for whatever time you use it. Typically that's around $500 per month per person (depending upon the coverage, place, etc.). The only benefit of COBRA is that you can keep seeing the same doctor.
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Remember that you need to pay the entire cost of insurance from your own pocket for COBRA for whatever time you use it. Typically that's around $500 per month per person (depending upon the coverage, place, etc.). The only benefit of COBRA is that you can keep seeing the same doctor.
vz2kl
12-21 11:20 AM
Houston Indian consulate is horrible. Just horrible. They are rude and totally anti-customer friendly. It is unbelieveable how rude they can be. I have tried to contact him numerous times in my last 10 yrs in US and never was I able to get a reply to my emails/faxes or phone calls. I had trouble when i was an indian citizen and had to renew my passport, had trouble when I had to get tourist visa, had trouble when i had to get my indian passport cancelled and trouble when i had to get some misc. services for my daughter. They keep changing rules (example they changed the way they give tourist visas to people of indian origin, they changed the rules and prices to even just surrender the passport).Everytime my only option was to drive all the way to Houston and be at the mercy of their rudeness. I do not see any point in External ministry of india helping because they are equally worse. It sad and dealing with beauracracy is just a part. The whole problem is that they are not accountable. I dont even know whom to complain for the fact that I cannot even get somebody on the phone and have to drive all the way to Houston just to get a minor question answered.
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satheeshpola
09-11 04:30 PM
Our applications (myself and my wife) reached USCIS NSC on July 2nd. Our 485, EAD and AP's have WAC numbers. we both received EAD cards and approved AP's in first week of Sep. and last week of Aug we received Notice from CSC that our 485 case is being transferred to NSC as our cases fall under NSC's jurisdiction. It looks like EAD and AP cases are processed in CSC. My I-140 was approved by NSC in Oct 2006. We are waiting for FP notices. Hope this helps.
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tiinap
04-09 01:12 PM
"Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here."
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
You're absolutely right. Ever since last year's H1-b lottery, I look at this country in a new light. I no longer see this U.S. as the world's greatest country, I suspect this is a civilization in decline. If I were to make a bet where this country will be in 50 years, I would bet it would lose it's position as a superpower and the most successful economy.
This H-1b and GC mess to me is an indicator of how things are run in this country. With all these major problems: immigration, healthcare -- there's just an attempt to sweep problems quietly under the rug or apply band-aid fixes such as a lottery.
Thousands of advanced degree holders are being kicked out of the country and a million people are stuck in a GC mess -- no one cares, it's no-one's business. The human being is like a tiny and replacable cog in the system.
Of maybe ~500 highly influential people in Washington DC (congressmen + senators + president + DHS high officials) maybe 3-4 people are expressing outrage at the EB GC and H1B mess. Zoe Lofgren is one, maybe a few others. The rest think the system is just fine.
Barack Obama spoke in the senate last July and said that the employment-based immigration system is working so well, we shouldn't make any changes!
Sorry, seeing this week's H1B brings out the pessimist in me. Maybe there's hope for legal immigrants in the future, but only if we keep fighting.
Daisy
12-20 11:00 AM
This awesome ! Freedom finally !!! Thanks 'the' for posting this...you made my day !!
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hmehta
07-27 01:11 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.
Why do you keep calling them everyday? What is the urgency of getting receipts?
Why do you keep calling them everyday? What is the urgency of getting receipts?
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gcseeker2002
07-19 11:55 AM
If your COS application was approved and you didnt have to go out of US for H1B stamping I would assume your are in status.
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
I dont know if this would come up in RFE or at interview stage, but I wont worry about it unless the period was more than 180 days.
Thanks for the responses. How about this question ?
Is it out of status if one gets paid from 2 companies with
2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .
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illinois_alum
09-30 04:54 PM
Thank you very much illionois_alum :)
You're welcome :)
You're welcome :)
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mariner5555
11-18 05:58 AM
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
it is not wishful thinking ..dumbo ..it is a good idea but it doesnt / wont have much support as community is divided and happy with its ead.
money makes the mare go in this world ..say if the immigration community was united and if we were to lobby with the builders and car dealers who make contribution to the politicians then lot of bills would have passed behind the scenes ..earliar h1-b was for 6 years only ..how did the extension come ..behind the scenes the business lobby worked secretly.
more...
harsh
01-02 11:17 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
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India_USA
07-08 09:08 AM
Not a fan of AZ law, but I'm delighted that it has pushed immigration issue to the forefront, forced federal govt's hand and jolted it out of its inaction. Many a battles will be won/lost over immigration in Nov 2010 elections.
agree with you..........
need a few more things to go wrong before the fed really wakes up and does something right this time around!!
agree with you..........
need a few more things to go wrong before the fed really wakes up and does something right this time around!!
more...
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jethro11
04-21 02:16 PM
vhd999,
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.
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gmpa
12-20 01:00 PM
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
more...
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GCSOON-Ihope
09-14 03:52 PM
Here are a few reasons why I want to get the gc:
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I completely agree with you, especially regarding point #7...
It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country...
To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I completely agree with you, especially regarding point #7...
It's not about money but more about the personal hopes, commitments, everything we already emotionaly invested by coming to this country...
To me, holding that GC in my hand would mean that I haven't gone through all the ordeals I have gone through so far for no reason...
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JA1HIND
02-13 07:54 AM
thanks mhtanim....
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
It seems that i can file tax using form 4852....but to do if he send legal notice claiming that i have made losses to him worth 25 K....i had good relation with client , gave app notice and also have refe letter from client (received award form client)..........so there shud be no point for liquidation thing and also i have all previous employers emails acepting my receignation and notice period...
Another thing which you may want to keep a watch is on the dollar amount that your employer reported on W2 for FED & State... in my case my old employer filed & reported wrong dollar amount to IRS and paid less taxes then what normally supposed to be paid which was of course he did that on purpose anyway and I didn't realize until I went to H&R block to file my 2006 taxes...and happen to notice I was ending up to pay way too huge $$ amount in return to IRS
Thanks to H&R they made my options pretty simple (a) check with my previous employer to see if he can do adjustment e-filing to IRS and provide me with corrected W2 that shows correct $$ amount or we can proceed further with filing with what ever they have reported $$ to FED & State and in the H& R system they do have an option for a separate forms that can be filed along with your taxes which reports directly to IRS on the issue and IRS will take it from there becasuse for sure during adjudication of your filed taxes in IRS system there will be flag for someone to manually look into your filed case.
My useless desi employer not sure what was he thinking at that time of such plans & didn't expect me to go that far with new approach to IRS, had given him options as described above and guess what he did over night e-filing on adjustment & did over night courier to my home mailing address...
more...
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neokernel
02-14 07:20 PM
When they ask 245i (April 2001 Deadline) people to submit the application for legal status (Labor.. i-140 ..etc) why didn't they also create the VISA Number for them?
It's legal immigrant taking the hit because of illegal immigrants.
They should define completly different path and laws to make illegals to legal.
Agree?
It's legal immigrant taking the hit because of illegal immigrants.
They should define completly different path and laws to make illegals to legal.
Agree?
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franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
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vbkris77
11-30 05:10 PM
Thanks for the good work. However, I saw a major potential flaw in estimating the applications from ROW. The report finds the life cycle for a ROWer to submit 485 is 1 year, thus assuming little AOS applications will be filed in the coming year from ROW. But this analysis forgot to consider those ROWers who started GC in year 2008. A person who started working in 11/2008 is ready to submit 485 now and uses one quota, even if a person who just started working won't be able to submit AOS till a year from now. With this under consideration, I feel the spillover will be much less than initially estimated.
Please correct me if I missed anything.
Good observation, but the economy wasn't good in 2008 either and most of the time both PERM centers were closed for business. Chicago was closed in mid year and Atlanta wasn't working from late 2007 till early 2009.
So the number of PERM approvals would be very low. Assuming CIS cleared most of the I140 backlog as they indicated, their I485 numbers should include the recent ROW approvals as they become real backlog applications (backlogged by CIS processing not by visa numbers)
I am still waiting for the 2009 DOL and State report to validate this information.
Please correct me if I missed anything.
Good observation, but the economy wasn't good in 2008 either and most of the time both PERM centers were closed for business. Chicago was closed in mid year and Atlanta wasn't working from late 2007 till early 2009.
So the number of PERM approvals would be very low. Assuming CIS cleared most of the I140 backlog as they indicated, their I485 numbers should include the recent ROW approvals as they become real backlog applications (backlogged by CIS processing not by visa numbers)
I am still waiting for the 2009 DOL and State report to validate this information.
sys_manus
01-28 09:49 AM
Well said..
irock
08-22 02:15 PM
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Can any one tell me what EB-3EW means?
Thx
EB-3 EW means "Employment Third Preference Other Worker".
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Can any one tell me what EB-3EW means?
Thx
EB-3 EW means "Employment Third Preference Other Worker".
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