vivid_bharti
05-26 11:29 PM
Very nice!!!! You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
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sledge_hammer
04-10 07:30 AM
Maintaining the I-9 document at the employer's location is required by law. Even if you have not signed anything except the offer letter, the employer cannot just deny having you work for his client and wash his hands off you.
You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.
Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.
Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
nat23
02-22 09:48 AM
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
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paskal
08-13 11:32 PM
hopeful gc for this insight.
we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?
i hope to see you in DC, your enthusiasm would be well directed in iv's efforts to end retrogression once and for all. just consider it...never having to worry about receipts again :-)
sounds good? let's do DC on 9/18!
we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?
i hope to see you in DC, your enthusiasm would be well directed in iv's efforts to end retrogression once and for all. just consider it...never having to worry about receipts again :-)
sounds good? let's do DC on 9/18!
more...
pd_recapturing
10-02 12:00 PM
I am planning to leave my current employer and move to a different one. I have got my I-140 approved under EB3 category from the current employer. While moving to the new employer, I want to retain my priority dates. I would like to know what kind of documents are needed in order to do the same. I am presuming that a copy of I-140 approval notice would be needed from current employer that I am sure that my current employer would not give me. So what is my chance in this case? is there any way, I can get it from USCIS? Has anybody got it successfully from other than the employer? Are there any other documents , I need from my current employer. Please suggest.
EkAurAaya
07-19 09:58 PM
First of all let me congratulate and thank IV for working tirelessly to bring about this huge benefit for most folks stuck in the green card mess. I have always believed in IV and its power to move mountains. However, in the midst of all this rejoicing, let's not forget a certain class of IV members who will not be able to take advantage of this recent benefit for all practical purposes. I am talking about the folks who are currently single and will not be able to file for their (future) spouse before Aug 17. It seems to me that the best thing that IV can do to bring relief to these folks is to lobby for and effect legislation to exclude dependents from the visa cap, i.e let dependents (or at least spouse) to file for I-485 even when priority dates are not current. I believe this single piece of legislation (if we can make that happen) will have a big effect on the entire community, because that will free up that many visa numbers that would otherwise have been used up, and let folks get their GCs faster (even if they are happy with their EADs and APs). Can IV focus on this front please ?
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
LOL :D
Congratulations btw to everyone who will be taking advantage of this window of opportunity.
LOL :D
more...
swo
07-13 02:28 PM
Notwithstanding the good research below...
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
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caydee
03-07 10:42 AM
My son and you are in the same boat. He came here 9 years ago went to middle/high school here. Now, he is in college and will turn 21. He will not get his greencard because he is here on H4 legally.
Isn't that a shame?
andy
Q1: Is H4 only valid for children under 21. What happens to children who have been here for long on H4 status and turn 21?
Q2: If the answer to the first part of Q1 is YES, will the approved I140 (that included the dependent H4) be valid?
Isn't that a shame?
andy
Q1: Is H4 only valid for children under 21. What happens to children who have been here for long on H4 status and turn 21?
Q2: If the answer to the first part of Q1 is YES, will the approved I140 (that included the dependent H4) be valid?
more...
LostInGCProcess
09-17 12:19 PM
TV25,
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
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sri1309
08-14 07:32 AM
Dear IV,
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
more...
anilvt
09-14 12:22 AM
July 2nd Filer
I Got Eads For Me And My Wife On Sept13th
I Called The Lawyer And Asked For Reciept Number
I Check The Status Online Of All Rnos And Found The Error Msg
I Got The Same Error Mail Of Fp Notice Rejected For Me And Not My Wife
Amount Is Correct 395 ( 325 + 70)
Lawyer Called Me Today And Asked If I Had Got Fp Notice And Said No But The Lawyer Got The Notice And Said She Has Mailed Me The Fp Notice Which Is Scheduled On Set 26th
Probably Will Call Lawyer And Ask Her What's Going On
Hope It Helps Others
Today My Lawyer Called Me And Told She Got Fp Appointment Notice On Set26th And Mailed Me The Notice
I Got Eads For Me And My Wife On Sept13th
I Called The Lawyer And Asked For Reciept Number
I Check The Status Online Of All Rnos And Found The Error Msg
I Got The Same Error Mail Of Fp Notice Rejected For Me And Not My Wife
Amount Is Correct 395 ( 325 + 70)
Lawyer Called Me Today And Asked If I Had Got Fp Notice And Said No But The Lawyer Got The Notice And Said She Has Mailed Me The Fp Notice Which Is Scheduled On Set 26th
Probably Will Call Lawyer And Ask Her What's Going On
Hope It Helps Others
Today My Lawyer Called Me And Told She Got Fp Appointment Notice On Set26th And Mailed Me The Notice
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gcformeornot
12-14 02:59 PM
NSC->CSC->NSC
No FP notices.
No FP notices.
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Maqrkk
03-18 06:31 AM
I voted for Templarian's 'Code'. Simple, but I like it!
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eb3retro
09-21 01:56 PM
I just received an email from USCIS that my wife's EAD has been approved.
RD 07/02, FP 09/04, PD 05/06
looks like NSC is approving Spouse EAD huh???
RD 07/02, FP 09/04, PD 05/06
looks like NSC is approving Spouse EAD huh???
more...
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sirinme
03-31 03:47 PM
Done!
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h1techSlave
04-09 09:28 PM
How much does a typical lawyer charges for responding to the Employment verification RFE?
more...
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axp817
12-04 02:12 PM
I have to agree with AngelFire here. There is a clear distinction between the EB2 and EB3 eligibility requirements. And who are we kidding, if your employer or attorney were willing to file an EB2 petition for you, would you be the "One category for all, Joe" that you are now, and demand that your employer file in EB-3 instead? Of course not.
I'll admit it, I probably would have felt the same way if I was EB3. Being human sometimes makes us want others to not get what we don't have.
I am amazed that there supposedly are people working at gas stations with valid EB2 petitions? And a "LOT" of them, too. I highly doubt that.
There is a process and system in place to ensure the validity/genuine-ness of each application. If phony applications slip through that process, the process needs to be fixed and more checks established. I don't see how scrapping EB2 can fix that.
I'll give you an example. I know someone that has an EB1 (NIW or EA, one of these two) petition in process. To the best of my judgement, I don't feel that this person qualifies (at all) to be an EB1 Green card recipient. And this person getting their green card before mine comes along, will cause some discomfort to me. But I can't let that bother me too much. There is a system in place to ensure that these type of things don't happen, and I would like that system to improve so that the people who truly deserve EB1 Green cards continue to have that option.
I also know someone else that used the labor substitution option to get their green card within a year - start to finish. But this person was a genuine candidate for labor substitution. He had the necessary academic qualifications and work experience prior to the date of the LC, and the job was a valid one as well. He was a true example of what the labor substitution process was introduced for. Even if a large percentage of labor sub cases weren't as strong as his, I find it hard to hate everyone that benefitted from it, such as this person. It would be just wrong to say that this person violated any rules, because he didn't. Yes, I wish I qualified for some of these fast track options, but I don't, and I can live with that.
Thanks,
I'll admit it, I probably would have felt the same way if I was EB3. Being human sometimes makes us want others to not get what we don't have.
I am amazed that there supposedly are people working at gas stations with valid EB2 petitions? And a "LOT" of them, too. I highly doubt that.
There is a process and system in place to ensure the validity/genuine-ness of each application. If phony applications slip through that process, the process needs to be fixed and more checks established. I don't see how scrapping EB2 can fix that.
I'll give you an example. I know someone that has an EB1 (NIW or EA, one of these two) petition in process. To the best of my judgement, I don't feel that this person qualifies (at all) to be an EB1 Green card recipient. And this person getting their green card before mine comes along, will cause some discomfort to me. But I can't let that bother me too much. There is a system in place to ensure that these type of things don't happen, and I would like that system to improve so that the people who truly deserve EB1 Green cards continue to have that option.
I also know someone else that used the labor substitution option to get their green card within a year - start to finish. But this person was a genuine candidate for labor substitution. He had the necessary academic qualifications and work experience prior to the date of the LC, and the job was a valid one as well. He was a true example of what the labor substitution process was introduced for. Even if a large percentage of labor sub cases weren't as strong as his, I find it hard to hate everyone that benefitted from it, such as this person. It would be just wrong to say that this person violated any rules, because he didn't. Yes, I wish I qualified for some of these fast track options, but I don't, and I can live with that.
Thanks,
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mirage41
04-18 08:34 PM
If i change to a different job profile (engineering to marketing; in the same company though) obviously, AC21 cannot be invoked. am i going to lose the current benefits of I485 (like EAD and AP) while i file for a completely new LC,I-140 and I485?
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JunRN
09-22 01:53 PM
I hope that since they're starting late (1 pm), they be able to touch our bill before the day ends.
mita
10-02 11:29 AM
I agree that car depreciates as soon as you drive out the showroom but what I believe is that if you can afford to buy your dream car and plan to keep it for atleast 7-10 years go for it. Life is short, if you can enjoy luxury and at the same time know your limits don't restrict yourself and drive used cars all your life.
As far as your home mortage is concerned, talk to your banker and negotiate favorable terms. If you plan to live in that city depending on job market, don't worry about home prices. I hope you did not buy that home to make money overnite but to enjoy the luxury of living and owing a home. In any case, don't plan to put money on home, better to save or invest where it makes more sense like stocks, CD's or land/home in India.
I donot see any point in paying off the house, as you can deduct the interest to get some tax benefits. Why loose any benefit you can get.
On the other hand, use the money you were thinking of paying off the home for investments. Investments may it be CDs or stocks ( though right will come in future).
Although personally i have never bought a brand new car in US. Car depreciation is biggest loss one can take; we just bought a 5 th car...all cash paid and it is used.
Keep your cash, play with 20-30% based on your risk apt, donot pay off your home...cash is king.
On your comment of " being a novice in financial "...i have to say it Everyone is a novice in every matter, we all learn it here. Rather one who says he/she is a novice will make cautious decisions; i am wary of so called experts/gurus who mauled financial markets and still call themselves experts.
Start reading finance articles, blogs and you will be able to understand.
As far as your home mortage is concerned, talk to your banker and negotiate favorable terms. If you plan to live in that city depending on job market, don't worry about home prices. I hope you did not buy that home to make money overnite but to enjoy the luxury of living and owing a home. In any case, don't plan to put money on home, better to save or invest where it makes more sense like stocks, CD's or land/home in India.
I donot see any point in paying off the house, as you can deduct the interest to get some tax benefits. Why loose any benefit you can get.
On the other hand, use the money you were thinking of paying off the home for investments. Investments may it be CDs or stocks ( though right will come in future).
Although personally i have never bought a brand new car in US. Car depreciation is biggest loss one can take; we just bought a 5 th car...all cash paid and it is used.
Keep your cash, play with 20-30% based on your risk apt, donot pay off your home...cash is king.
On your comment of " being a novice in financial "...i have to say it Everyone is a novice in every matter, we all learn it here. Rather one who says he/she is a novice will make cautious decisions; i am wary of so called experts/gurus who mauled financial markets and still call themselves experts.
Start reading finance articles, blogs and you will be able to understand.
pd_recapturing
10-22 09:53 AM
Well, my attorney filed interfiling last friday and according to him, my 485 file should be updated with the new I-140 in 3 to 4 weeks from now. He informed that we should not expect any written confirmation from USCIS though. I will keep you guys updated in this regard. In the mean time, if anybody in the forum has gone through this process, please share your experience.
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