desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Abhinaym
11-17 03:23 PM
Not to nitpick, but "inside of the US" sounds odd. It is simpler to say "in the US".
vjverma
07-19 10:07 PM
count me in for a 100 as well.
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gcpool
10-03 06:01 AM
My status on CRIS has changed. No emails. Its says my approval has been sent. But nothing about the card. I spoke to the CS and they said my biometrics have to be uploaded. In the mean time can I get my passport stamped?
more...
friend_in_NC
07-21 05:41 PM
Received by USCIS on 06/04/08
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
kerstbrd
07-02 04:17 PM
Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.
man I could swear that was me posting except my priority date is in 2004.
maybe we have the same lawyer.
man I could swear that was me posting except my priority date is in 2004.
maybe we have the same lawyer.
more...
svgupta
05-23 12:43 PM
For those of you, who are still just browsing through the threads... wake up... this is the time when you can make a difference to NOT just your life... but others as well... who would thank you for your sincere efforts in fixing the broken immigration.
- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered
- Send emails
- Contribute
- Focus on burning issues, by avoiding to start a new low priority personal opinion threads/ seeking advice. You'll have all the time in this world later to have your personal queries answered
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sripk
09-10 04:52 AM
I had a chance to file in EB2 with master's degree but my attorney screwed it up and filed in EB3 category instead and now i can't even port to EB2 as my company is no longer supporting new PERM applications due to bad economy. I am usually optimistic but with the current economic conditions and bleak chances of any immigration fix, I feel we are fighting a losing battle. God help us all in EB3 category.
more...
GKBest
10-12 02:12 PM
My 140( in 2006) was from TSC and 485 from NSC
THANKS! I will wait for my turn and hope that my application is right next to you.
THANKS! I will wait for my turn and hope that my application is right next to you.
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boldm28
05-12 11:39 AM
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
now that eb2 is retrogressed .. eb2 ( not that i have anything against them) are asking everybody including eb3 to contribute , send faxes be Vocal . That is my friend India for you
it is each one for himself .how many people who got their gc visit this forum , may be a hand full others forget about this forum and move on in life
now that eb2 is retrogressed .. eb2 ( not that i have anything against them) are asking everybody including eb3 to contribute , send faxes be Vocal . That is my friend India for you
it is each one for himself .how many people who got their gc visit this forum , may be a hand full others forget about this forum and move on in life
more...
a_yaja
05-07 08:47 AM
I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)
Nice argument. I bet if you had your GC or if you were a US citizen before you got married you would support chain immigration - after all what good is to be in this country if you cannot bring your wife over here? How about when your parents get old and they need care? Then you will curse the system for being unfair towards family based immigration. Afterall what good is a job if you cannot bring your family here?
Try to think beyond yourself. If not, your are no better than those opposing immigration. After all, even NumbersUSA is for immigration - as long as it is restricted to a few thousand a year! So is ALIPAC - they are for legal immigration but against H1Bs immigrating to the US. How are you any different from either of these organizations? As far as a someone wanting to come to the US on the family based immigration route is concerned - you are anti-immigration too.
Nice argument. I bet if you had your GC or if you were a US citizen before you got married you would support chain immigration - after all what good is to be in this country if you cannot bring your wife over here? How about when your parents get old and they need care? Then you will curse the system for being unfair towards family based immigration. Afterall what good is a job if you cannot bring your family here?
Try to think beyond yourself. If not, your are no better than those opposing immigration. After all, even NumbersUSA is for immigration - as long as it is restricted to a few thousand a year! So is ALIPAC - they are for legal immigration but against H1Bs immigrating to the US. How are you any different from either of these organizations? As far as a someone wanting to come to the US on the family based immigration route is concerned - you are anti-immigration too.
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apb
09-07 06:06 PM
Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.
H1B applicant:--> SO WHAT IS THE CATCH.
IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------
Hope one more catch the vision of IV
more...
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PDOCT05
08-07 09:45 AM
My PD is Oct 2005 and I140 is approved on June 2006 at TSC. I see LUD on 7/28/2007. My papers reached NSC on July 3rd at 8:20 Am.No checks cashed yet...?
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nepaliboy
05-21 10:40 AM
last week i took infopass and got shedule for biometric , i am also july 2nd filler and had not receive appointment until last week.
my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
how long it take to clear fbi?
what is soft lud and hard lud ?
my pd is current so will i soon see my i-485 processing ?
my appointment actually at 28th may 2008 but yesterday i went to asc and told them i will be leaving usa next week and request to take biometric fineally i am able to get biometric yesterday.
but i have to pay $25 for him doing my fevour because with out that he isnot willing to do so.
there is no lud today on my i-485 so could you please tell me how long it take to get lud ?
how long it take to clear fbi?
what is soft lud and hard lud ?
my pd is current so will i soon see my i-485 processing ?
more...
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SGP
11-18 01:56 PM
"There is no harm in trying. Leave no stone unturned."
This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.
I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.
Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.
This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.
I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.
Can't agree less. We all have one goal. We are all one voice. In my personal opinion, I always try and stay optimistic.
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BrazilianCitizen
06-12 12:14 PM
My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...
more...
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reddymjm
06-08 06:47 PM
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
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chi_shark
07-10 02:46 PM
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
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senthil1
10-25 11:02 PM
We cannot reject numbersusa and other organizartion's ideas. As our people are suffering in retrogession some of their people and their families are impacted because of job loss in past. So we cannot tell that they do not have crediblity. They have some valid points also though some of them are absurd. But we need to understand them and try to elimimate their fears also.
QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...[/QUOTE]
QUOTE=purgan]when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??
The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.
btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.
That poll....don't impress me much...[/QUOTE]
indianabacklog
05-23 07:41 AM
IV is trying to get rid of retrogression which is a great goal. However, this very thing has caused hundreds and thousands of children to age out. Would it be awful to add this into the matter. I know our lives have been put on hold waiting and waiting but some of our childrens lives have been thrown down the pan in that time. We will eventually have passage to permanent residency they will not.
intheyan
08-26 12:55 AM
I saw my friends received thier physical green card just in 1 and half weeks from the day of the Card production ordered status change.
How long did it take for you to get the physical cards after 'card production..' mail?
How long did it take for you to get the physical cards after 'card production..' mail?
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