ss1026
08-20 06:18 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.
One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck
I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.
One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck
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RNGC
04-24 03:05 PM
Want to keep this alive....
After reading the sad post at
http://immigrationvoice.org/forum/showthread.php?t=18763
I feel stronger to unite and help ourselves to overcome "unnecessary" restrictions on Legal Immigrants....
Lets keep this thread alive...want to know what difficulties people go thru being here in US and see how they can be avoided..
After reading the sad post at
http://immigrationvoice.org/forum/showthread.php?t=18763
I feel stronger to unite and help ourselves to overcome "unnecessary" restrictions on Legal Immigrants....
Lets keep this thread alive...want to know what difficulties people go thru being here in US and see how they can be avoided..
satishku_2000
06-24 06:18 PM
Once this Mela of accepting 485 is over ...looks like dates will retrogress to somewhere in 2003 or 2004 .. hopefully it is 2004
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InTheMoment
04-22 05:08 PM
That may be true if you are not a AZ resident.
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
If you are an AZ resident, a AZ driver license is enough to prove your legal presence in the US. This is expressly stated in the Bill.
Be prepared to carry your H1B papers/EAD cards/I485 application papers and wait like a criminal while the cops check if you are legal or not after stopping you at the Phoenix Airport terminal, when you are waiting for your connecting flight, since your skin color was not white and you could be a potential illegal.
Also, be prepared for this to happen to your kids even though they might be US citizens.
- JK
more...
rajuram
01-05 12:17 AM
bump
Brightsider
08-30 11:47 AM
Hi Dinesh, in your quote above were you intending to say that most state colleges WILL NOT accept applications if you do not have GC/citizenship? So to attend a state college you NEED TO BE a GC holder/citizen? If that is the case how come lot of international students come here and attend state colleges for MS/Phds and get assistanships/fee waivers?
I will leave Dinesh to answer what he meant, but let me address the second part of your post.
Tuition waivers and financial assistance is hard to come by, if the applicant is an international student. It is not impossible, but quite difficult, at the undergraduate level.
However, at the post-graduate and doctoral levels, the scene is completely different. International students have ample opportunities for getting assistance and waivers. At the PhD level, I guess it is nearly universal.
The point is that at undergraduate level, it is very very difficult for financial assistance. On-campus jobs are one way in which students try to ameliorate the burden.
More than lack of financial assistance is the issue of paying out-of-state tuition, which is about three to four times the cost of in-state tuition.
Hence, AOS applicants can get enormous relief in some states. Maybe, it is there in all states....I dont know and I wouldnt try to guess.
I will leave Dinesh to answer what he meant, but let me address the second part of your post.
Tuition waivers and financial assistance is hard to come by, if the applicant is an international student. It is not impossible, but quite difficult, at the undergraduate level.
However, at the post-graduate and doctoral levels, the scene is completely different. International students have ample opportunities for getting assistance and waivers. At the PhD level, I guess it is nearly universal.
The point is that at undergraduate level, it is very very difficult for financial assistance. On-campus jobs are one way in which students try to ameliorate the burden.
More than lack of financial assistance is the issue of paying out-of-state tuition, which is about three to four times the cost of in-state tuition.
Hence, AOS applicants can get enormous relief in some states. Maybe, it is there in all states....I dont know and I wouldnt try to guess.
more...
rsrikant
08-10 10:26 AM
Many of them were not confident of clearing labour on their own credentials ( BSC Zoology, BBA, BCOM etc..) or probably wanted to jump the line.
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
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logiclife
03-23 04:00 PM
Anyone from SC?
Request the documents from Varsha and Sanjay and go alone if there is no one in your area.
Thanks.
Request the documents from Varsha and Sanjay and go alone if there is no one in your area.
Thanks.
more...
dionysus
08-20 07:17 PM
You must name him. God forbid if it is my own employer, and he has done the same backstabbing to me too. Please let me know the name of this bastard, atleast in a private message so that I can sleep better tonight.
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PavanV
08-22 01:00 PM
I am wondering folks what can we do to make this popular ?, any ideas ? or is it already very popular and i not aware :confused:
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Nil
04-27 08:29 PM
do we have a real poll number: how many have actually send it?
i did.
probably many others did as well. need to know....
i did.
probably many others did as well. need to know....
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yabadaba
06-26 09:30 PM
kumbayaaaaaaaa
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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
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Ramba
04-13 05:21 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)
Few more lessons are..
1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)
Few more lessons are..
1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.
more...
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texanguy
05-15 11:39 AM
I think calling your university presidents and asking them to show their support for these bills would also be a very good idea.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.
We need to call these lawmakers and educated them on these bills.
Chances are less but our investment is not that big. Few minutes in a day to call or write.
This bill will encourage pursuit of higher education in US by foreign students in a significant way.
Right now for all bills that Zoe proposed there are max 19 co sponser for this last bill. DID you check for STRIVE ACT 2007 which had 78 co-sponsers still could not make it to floor.
We need to call these lawmakers and educated them on these bills.
Chances are less but our investment is not that big. Few minutes in a day to call or write.
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GCplease
05-13 05:03 PM
Sorry to hear about your case.
From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.
I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).
Check with an attorney. They should be able give you the best advice.
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
From what I have heard, you can apply for I485 till your case gets adjudicated. Your PD is Dec 2003. It will easily take 2 to 3 years to get approval. In that time, get your divorce papers, get married, bring your new wife in H4 and apply for her 485. I think you'll be good.
I am not sure what will happen to your ex. You may need to revoke her 485 application. not sure if you can just revoke hers or you need her to sign some application (which she may not be willing to).
Check with an attorney. They should be able give you the best advice.
I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.
My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.
My wife has her own H1b valid till Dec 2008.
We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).
Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.
My wife has mentioned that she will be applying for Divorce in USA.
Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.
more...
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kaisersose
08-21 09:37 AM
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.
You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.
Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.
You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.
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virtual55
04-01 06:18 PM
Just sent faxes 10 and 11.
I recommend sending an email to all members of IV as we have very less time to send faxes this time.
I recommend sending an email to all members of IV as we have very less time to send faxes this time.
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Marphad
11-30 03:40 PM
Immigrationvoice team has been working on the publicly available USCIS data since its release on USCIS website and we have been discussing this data with top USCIS officials to clear doubts.
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Immigration Voice is releasing the analysis of the information for the community. You can view the report at
http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36
We are putting together a list of recommendations about this data for our next meeting with USCIS. If you have suggestions, do post on the thread. We would also be updating this report on regular basis as the data is updated on USCIS site and numbers change due to approvals/pre-adjudications/field office data/ CP and spillovers. The visa bulletin movement will also be compared against the report and checked with USCIS and DOS.
Team IV
Note: Please read the entire document rather than just basing your judgment on the graph and the visa bulletin charts. There are several caveats and limitations of this data.
We feel this is a one step ahead of the IV prediction tool published by IV in the past. We will continue to refine the analysis as we receive information from DOS and USCIS through our advocacy efforts.
Thanks, good job!
Administrator2
05-15 01:31 PM
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members. We are not trying to filibuster whatever you chose to dicuss. However, we are in crunch time and need all hands on the deck to gather support for the three bills. Please Please call the House members listed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
gc_maine2
12-31 12:42 PM
Thanks Logiclife, will definitely take a legal advice
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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