sc3
11-15 01:09 AM
let us not be moral police here.
Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
Its illegal for an employer to charge for H1B. You cannot expect employee to know and enforce the law. Employers know its illegal to charge money and in this case his employer is in violation of law.
I wasn't moral policing, I was just laying out the legal stand that anybody can have under these circumstances. I am sure that the so called "Desi shop owner" is not so dumb to so flagrantly violate the law when his employee is going by the book, unless the employee is seriously gullible.
I agree it is illegal for employer to charge for H1B, and of course the employer is in violation of the law, but one needs to ascertain that the employee is not a willful accessory to that violation.
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freedom_fighter
06-30 11:29 AM
Chalo ye idea bhi gaya.. aur koi hai bhai with new idea. This place gonna make a guiness record of busting maximum number of ideas.
Some actively some passively by not participating. I rest my case here Finally :confused:
Something tragic/humiliating on big scale happens to some of the ppl in EB community. Its sad, I guess even Gandhi didnt do anything until he really got humiliated in south africa.
Some actively some passively by not participating. I rest my case here Finally :confused:
Something tragic/humiliating on big scale happens to some of the ppl in EB community. Its sad, I guess even Gandhi didnt do anything until he really got humiliated in south africa.
franklin
06-13 10:11 PM
Hey bkarnik,
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
As the report said that there is a possibility that there will be a loss of 40k visas. My question to you is What will be the I485 processing date in the Visa Bulletin if we assume that 40k visas are not loss by the agency. You guess estimate is also fine.
I don't think it will make a huge amount of difference. The visa loss is due to lack of manpower in processing applications. Now there will be even more applications and presumably no extra hands to approve them.
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pani_6
06-18 11:31 AM
one years wait for EAD and AP..I thought they are supposed to give us EAD in 70-90 days according to some law??...
more...
Almond
02-07 03:43 PM
Sorry to hear that your 485 is denied....
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.
chanduv23
08-12 12:09 PM
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them - Stephen Covey
The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man - G. B. Shaw
From 484_se_dukhi's signature!
I am shocked too. 2 members who I called on phone were abusive. They started blaming Aman Kapoor saying that he is rubbing his idealogies over already stressed immigrants - this was ridiculous and I am so sad that people have such thoughts.
If people are scared or want to live in Shadows why abuse IV who are truly committed for a cause???? These are the same people writing rubbish on those threads that ran 200 pages when they were waiting for USCIS announcement.
Singsa - u r doing a great job. Lets be persistant with the fact sheet.
The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man - G. B. Shaw
From 484_se_dukhi's signature!
I am shocked too. 2 members who I called on phone were abusive. They started blaming Aman Kapoor saying that he is rubbing his idealogies over already stressed immigrants - this was ridiculous and I am so sad that people have such thoughts.
If people are scared or want to live in Shadows why abuse IV who are truly committed for a cause???? These are the same people writing rubbish on those threads that ran 200 pages when they were waiting for USCIS announcement.
Singsa - u r doing a great job. Lets be persistant with the fact sheet.
more...
dilipb
06-23 05:26 PM
Too tired to type, Please send me your phone number via a personal message. I will try to explain this to you.
Update: I called him and explained.
Hope that helped srikant.
Update: I called him and explained.
Hope that helped srikant.
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gimme_GC2006
10-07 01:35 PM
Nov 2008 bulletin....In My dreams...
EB2 India, move to Dec 2005 :D:D:D
EB2 India, move to Dec 2005 :D:D:D
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eb2dec2005
09-23 10:37 AM
Called all the congressmen from Texas.Would continue calling the rest on the list.
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pappu
01-13 03:21 PM
Who is logiclife?
He came he saw and he conquered with his long post on AC21 and Cobra and went away.
He is currently working on IV work in the background.
He came he saw and he conquered with his long post on AC21 and Cobra and went away.
He is currently working on IV work in the background.
more...
Tonyy
05-14 10:27 AM
I also want to ask this question. If i want to appeal after 2 years then is that possible?
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xlr8r
03-15 01:57 PM
You're welcome.
Yep. Got copies of labor, I-140 forms and approvals via FOIA. :)
Thanks xlr8r!! I am filing today. Dont have I140 receipt number.
Did your luck shine !!!!
Yep. Got copies of labor, I-140 forms and approvals via FOIA. :)
Thanks xlr8r!! I am filing today. Dont have I140 receipt number.
Did your luck shine !!!!
more...
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gk_2000
03-09 03:15 PM
Not to spark a fight or anything, but I would like to congratulate all the EB3I's who became current since Jan.. great going! We are at April 02!
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gc_chahiye
08-05 02:25 PM
One of my friend asked Shiela Murthy and she said that in order to be able to add my spouse , I would have HAD to get married before July 31st (which I couldn't anyway), because, then, only I/we will be eligible to add my spouse.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
Also, I sent in the papers for my I-485 last night. Now, hoping to god that there is an RFE on this and some kind of delay.
Thank you,
gc101.
double-check that note from Sheela Murthy (take an appointment with either her, or Rajiv Khanna). You have to get married before your 485 is approved, dont know whats that July 31st date. Good thing you filed your 485 atleast. You can add your spouse only when your PD is current, but you can atleast use AC21 in the meantime (for changing employers etc).
http://www.murthy.com/news/UDmar485.html
To summarize the INS position, as long as the principal applicant gets married prior to the INS' approving the I-485 application, there should be no problem for the dependent/s to either file the Adjustment of Status, if in the U.S., or to "follow to join," based upon a consular interview abroad. Therefore, the principal can file the Adjustment of Status application prior to marriage, but the marriage needs to take place before INS makes its decision on the I-485 application.
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skd
07-09 12:15 PM
OK then I will send it Now
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gulute
11-16 03:39 PM
Since you have negotiated 70:30 before joining, you must have agreed to paying H1b Fee. And yours is an H1 transfer and you new how this business works and signed the contract!
Read this post: http://immigrationvoice.org/forum/showthread.php?t=22428
Now what are you complaining when you knew how this system works?
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
Read this post: http://immigrationvoice.org/forum/showthread.php?t=22428
Now what are you complaining when you knew how this system works?
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
more...
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franklin
06-15 09:06 PM
[FONT="Microsoft Sans Serif"]From numerous visits to USCIS facilities, the Ombudsman has observed that adjudicators prefer to work on the cases that are easiest to complete. Adjudicators pick the �low hanging fruit� first because supervisors base performance evaluations on the number of cases completed. Consequently, adjudicators put aside the most difficult and time-intensive cases. These cases remain pending, perhaps for years, while backlog reduction appears generally to be succeeding.
Is there any information on what an "easy" case is?
Is there any information on what an "easy" case is?
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Michael chertoff
04-21 02:44 PM
u mean ur parents r babysitters for last 4 years....I hope this teaches to keep ur mouth shut calling other's parents baby sitters.
Mother fucker I am not married and I dont have kids.
Mother fucker I am not married and I dont have kids.
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snathan
03-15 11:09 PM
Snathan
I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.
I am not blaming any one here. I don't have right to blame as well others.
When you get caught...its sin.
Otherwise its fun...:p
I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.
I am not blaming any one here. I don't have right to blame as well others.
When you get caught...its sin.
Otherwise its fun...:p
bigboy007
05-28 06:58 PM
Your point is very much valid, But ok lets for a min assume H1b is eliminated completely. Do you think these big IT firms or even small consulting firms stop doing their business ? No. if not H1B there will be other way bringing ppl for short term. they will be some other way to do it. H1B is not designed keeping us in mind its designed keeping US Citizen employers in mind. and also it is adding to USCIS revenues. if you see even in current fiscal year i have seen all of my friends who did premium got thier H1b approvals.
The reason i said H1B outsourcing will start is most H1's are held by Big IT firms of India. If they do some thing that will hurt it they will do something else or reduce onsite avail or make it short term there will be some other workaround but no way these jobs will go back to americans.
Key point we have to argue and keep on doing it is the fact that , drawing a comparison between us and illegals. Even illegals have marched on streets and expressed their concern of not leaving USA if so why we paying millions of taxes adding source to housing market and GC in a valid stage , should ever even think of losing it ?
Exploitation is there everywhere. Illegals are being legalized for US employers but this will have disastrous consequences. Now with illegals only working behind the hood and will come out and did these americans ever thought of what will happen to all the ppl who work in restaurants etc and their wages. Yes all desi companies does the same thing becoz thats the only they can be in business. If you see many reasons why corp america is against merit based sys is there is no way its associating it with TIE-UP of h1b with them.
I dont know about others but saying 50% of h1b can be done by americans is lot easier to say rather make them work like that. I 100% validate your point as every system has its pros and cons. I would say rather 30% only.
But key point is we are already here . We are in the process of GC and its the key point that is to shed away ppl who are trying to shut doors. Corp america will some how take care of H1B i think [ even though its part of our resp] but key point is GC .. Eliminate or atleast reduce backlog to atleast where it was.
when it comes to laying off , many companies have laid off in 2000-01 , some are unlucky and most americans becoz of reducing fat in the company there used to be lot of benefits everything got screwed up . But rather they again started hiring but not left and right as they did earlier but very calculated decision. I am talking about Big comp not consulting. Consulting is mere consulting they wont bare the costs of H1b if they are bench more than 3 months even big 5 consulting .
The reason i said H1B outsourcing will start is most H1's are held by Big IT firms of India. If they do some thing that will hurt it they will do something else or reduce onsite avail or make it short term there will be some other workaround but no way these jobs will go back to americans.
Key point we have to argue and keep on doing it is the fact that , drawing a comparison between us and illegals. Even illegals have marched on streets and expressed their concern of not leaving USA if so why we paying millions of taxes adding source to housing market and GC in a valid stage , should ever even think of losing it ?
Exploitation is there everywhere. Illegals are being legalized for US employers but this will have disastrous consequences. Now with illegals only working behind the hood and will come out and did these americans ever thought of what will happen to all the ppl who work in restaurants etc and their wages. Yes all desi companies does the same thing becoz thats the only they can be in business. If you see many reasons why corp america is against merit based sys is there is no way its associating it with TIE-UP of h1b with them.
I dont know about others but saying 50% of h1b can be done by americans is lot easier to say rather make them work like that. I 100% validate your point as every system has its pros and cons. I would say rather 30% only.
But key point is we are already here . We are in the process of GC and its the key point that is to shed away ppl who are trying to shut doors. Corp america will some how take care of H1B i think [ even though its part of our resp] but key point is GC .. Eliminate or atleast reduce backlog to atleast where it was.
when it comes to laying off , many companies have laid off in 2000-01 , some are unlucky and most americans becoz of reducing fat in the company there used to be lot of benefits everything got screwed up . But rather they again started hiring but not left and right as they did earlier but very calculated decision. I am talking about Big comp not consulting. Consulting is mere consulting they wont bare the costs of H1b if they are bench more than 3 months even big 5 consulting .
rtarar
09-28 11:34 AM
Situation : Travel in Oct for school(MBA)
Applied online : 21 July 2010
Center: TSC
No updates till sept 14th.
Got cencerned and on sept 14th called TSC created SR for non receipt of biometric appointment letter.(Only legal reason to complain as application is still under 90 days of application)
LUD on Sept 20th.
Called sept 27th afternoon again and told that notice as to how the SR will be processed. The processing time for SR was mentioned to be 60 days.:eek: Created an expedite request reason citing "sever financial loss to individual".
sept 27th 7:35 PM received approval emails for AP for spouse and self.:confused:
In short WTF?:mad: ... but eventually :D till next year around.
Applied online : 21 July 2010
Center: TSC
No updates till sept 14th.
Got cencerned and on sept 14th called TSC created SR for non receipt of biometric appointment letter.(Only legal reason to complain as application is still under 90 days of application)
LUD on Sept 20th.
Called sept 27th afternoon again and told that notice as to how the SR will be processed. The processing time for SR was mentioned to be 60 days.:eek: Created an expedite request reason citing "sever financial loss to individual".
sept 27th 7:35 PM received approval emails for AP for spouse and self.:confused:
In short WTF?:mad: ... but eventually :D till next year around.
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