hsingh82
03-09 09:47 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
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mirage
07-05 12:40 PM
It is even better. Atleast we'll get the media attn..
nixstor
07-09 08:04 PM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
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pxkuma
04-07 08:20 PM
There is absolutely no reason to fear. I also work for a TARP recipient. In January, I received a 3 year extension beyond the 6th year.
I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.
I went to Toronto last week for my H1B stamping. At no point of time, did anyone ask about TARP or any ramifications related to it. All talk of no H1B extensions beyond 6 years is absolutely false. Also, I can't imagine the BofA case rejection to be true either.
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james_bond_007
04-09 05:24 PM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
bomber
07-25 12:26 PM
I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
Thanks!
You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)
Thanks!
You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)
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StuckInTheMuck
04-28 07:04 PM
Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day
The concept of wealth is fuzzy though, and depends on whether we are talking about GDP-level, or individual-level, wealth. When you see this map (http://www.worldmapper.org/images/largepng/169.png) of global GDP distribution, USA, much of Europe, and other developed countries are understandably bloated, Africa vanishes and Latin America becomes practically one-dimensional, whereas India still has a substantial presence. The picture changes dramatically in this poverty map (http://www.worldmapper.org/images/largepng/179.png) of global $1/day income distribution, where India now reigns supreme (even elbowing out the entire African continent).
The concept of wealth is fuzzy though, and depends on whether we are talking about GDP-level, or individual-level, wealth. When you see this map (http://www.worldmapper.org/images/largepng/169.png) of global GDP distribution, USA, much of Europe, and other developed countries are understandably bloated, Africa vanishes and Latin America becomes practically one-dimensional, whereas India still has a substantial presence. The picture changes dramatically in this poverty map (http://www.worldmapper.org/images/largepng/179.png) of global $1/day income distribution, where India now reigns supreme (even elbowing out the entire African continent).
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kshitijnt
03-06 11:17 AM
All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?
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pa_arora
07-25 05:38 PM
This sounds like 'Tum mujhe Khoon do main tumhain azadi(GC) dunga'
Pardon me for using Hindi guys.. this was a famous saying by one of the India's GREAT freedom fighters which means..'Shed ur blood for freedom.'
Pardon me for using Hindi guys.. this was a famous saying by one of the India's GREAT freedom fighters which means..'Shed ur blood for freedom.'
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HV000
10-10 07:08 PM
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
more...
a_yaja
03-27 05:58 PM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D
I am looking to buy a SUBWAY franchise outright costing 200 K
To qualify for a GC under the investor (EB-5) category, you need to invest atleast $1 million and employ 10 people. If the area is an economically depressed area, then $500K is sufficient. More information available @
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4ff96138f898d010VgnVCM10000048f3d6a1RCR D
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usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
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TomPlate
01-09 10:20 AM
Hi Guys
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.
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gc_rip
06-18 12:48 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
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HRPRO
05-04 01:26 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.
HRP
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hope2007
04-15 11:37 AM
SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
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st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
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txh1b
04-14 05:02 PM
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
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supers789
10-09 05:36 PM
Can IV core put some light on -
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Is there quarterly Visa spillover or its only at the end of every USCIS year (July-sept) ?
If NO, any way to add that in?
Thank!
Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
OLDMONK
07-18 02:05 PM
If Skill Bill passes eventually, won't EB2 be beneficial over EB3.
I used my EB2 (jan 2006) over EB3 (March 2005)
I used my EB2 (jan 2006) over EB3 (March 2005)
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