NKR
07-02 08:17 AM
Some of the reasons I can think of�
Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.
Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.
Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.
They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.
In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.
Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.
Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.
Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.
They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.
In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.
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HRPRO
03-29 02:22 PM
Alex
I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.
You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.
This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.
Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.
HRP
I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.
You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.
This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.
Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.
HRP
add78
04-28 09:57 AM
Any idea when this is going for voting?
Democrats are supporting this or not?
I would strongly suggest everyone to acquaint himself/herself with the legislative process and how a bill moves through different phases / steps before it becomes a law. You can find many postings documenting the process.
Right now it is just introduced in the senate. The problem for us is that Sen Durbin is Democratic Whip (i.e. Assistant Majority Leader) which gives him tremendous influence over garnering votes and referring which legislation to consider to the Majority Leader (Harry Reid in the Senate). Ultimately Reid decides which legislation get priority consideration. The fact that Grassley is a Republican and is close to the Minority Leader (I think) does not help us either. We will monitor the progress of the bill.
Democrats are supporting this or not?
I would strongly suggest everyone to acquaint himself/herself with the legislative process and how a bill moves through different phases / steps before it becomes a law. You can find many postings documenting the process.
Right now it is just introduced in the senate. The problem for us is that Sen Durbin is Democratic Whip (i.e. Assistant Majority Leader) which gives him tremendous influence over garnering votes and referring which legislation to consider to the Majority Leader (Harry Reid in the Senate). Ultimately Reid decides which legislation get priority consideration. The fact that Grassley is a Republican and is close to the Minority Leader (I think) does not help us either. We will monitor the progress of the bill.
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sledge_hammer
07-18 12:37 PM
Interesting!!!
I didn't know this...
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
I didn't know this...
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
more...
leoindiano
06-02 02:07 PM
Go to their website and look for consitutent services. Utilize their services ONLY if your's is a genuine problem and follow their instructions - write clearly what your problem is and what kind of help you are expecting. Spome of them are very helpful - they stay on top of the case till they get you a written decision
Nevermind, i found you worked in these 6 weeks and result of MTR is retroactive.
Nevermind, i found you worked in these 6 weeks and result of MTR is retroactive.
satyasaich
09-13 04:21 PM
But, can i do a small change that "approximately 500,000 potential buyers stranded to invest around $100 Billions in Housing market(assuming that average price of home @$200,000)"
In the housing market terms, $100 Billions is a kicker and no doubt a Winning argument.
This might sound weired..but I think we can get some support from Housing Market !
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 300000 (average house price) = 150 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY
Edit/Delete Message
In the housing market terms, $100 Billions is a kicker and no doubt a Winning argument.
This might sound weired..but I think we can get some support from Housing Market !
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 300000 (average house price) = 150 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY
Edit/Delete Message
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chetanjumani
01-31 01:00 AM
just voted
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Dipika
09-17 01:05 PM
Thank you sku! i appreciate!
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Maverick1
11-09 04:12 PM
EAD & AP is luxury & aggressive. Keeping H1B active is being conservative and playing with probability and backup. It depends on your nature. Go for it!!
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a piece of mind.
Also for the first job change use AC21 and do H1B transfer also and see for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID. But later on you are on ur own.
Okay I like the reply.
Big investments like house is another point to consider. Right. It is not easy to sell off your house and leave in case AOS is rejected.
I know it goes without saying that it is individual's choice whether to keep H1 or EAD/AP. As I said I want to know what Keeping H1 brings to the table.
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a piece of mind.
Also for the first job change use AC21 and do H1B transfer also and see for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID. But later on you are on ur own.
Okay I like the reply.
Big investments like house is another point to consider. Right. It is not easy to sell off your house and leave in case AOS is rejected.
I know it goes without saying that it is individual's choice whether to keep H1 or EAD/AP. As I said I want to know what Keeping H1 brings to the table.
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bk2010
05-09 10:02 PM
Hello:
The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.
I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.
I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?
Appreciate you feedback. Thanks,
The company I am working with doing business for 40 years (less than 40 employee) and as per my lawyer, financially very good. I hired the lawyer and employer directly gave him financial docs. I am only one person with H-1 in this company's history and working for 4 years. Got labor approval on PERM EB2 (MS+1) and did concurrent filing with I-140 premium processing.
I received RFE regarding company's ability to pay. We sent tax files for FY 2005 (contains oct '05 to Oct '06) for being PD of Nov '06 and W2 for 2006 which showed 6k more than offered wage. Company started paying me offered wage one week after the PD and offered wage is 3k more than prevailing wage. RFE specified to show ability to pay by showing 2006 tax return or audited financial statement by 12 weeks. Any of this will not work as tax file will be prepred on Nov '07 for FY 2006 and audited finan. stat. costs a lot of money. My company has no clue and just planning to write a letter that they will not able to provide before Nov 07 and already submitted tax file upto Oct 06 which could be enough to find the financial status. They talk to their CPA and he advised to do so.
I am really not very fimilar with all these issues. What should I do as company is not able to provide above 2 things that USCIS asked for? Can I send my paychecks even started getting paid offered wage after one week?
Appreciate you feedback. Thanks,
more...
Maverick1
11-14 05:45 PM
PM'ed you.. good luck with you efforts :)
Responded to your PM. Thanks for your wishes.
:):)
Responded to your PM. Thanks for your wishes.
:):)
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mhathi
11-06 02:41 PM
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
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darslee
07-13 09:06 PM
Good luck.....wishing you great success with this effort....cant wait for the feedback! :)
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walking_dude
11-14 02:39 PM
Thanks my friend. I knew I could count on you :)
WD, I am with you on this.
I am even going to call the radio and ask the same thing you have put in that letter if they ignore my emails.
WD, I am with you on this.
I am even going to call the radio and ask the same thing you have put in that letter if they ignore my emails.
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sgorla
01-29 05:04 PM
Well, this should eliminate selling/misuse of labor certifications.
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mpadapa
05-23 03:45 PM
Well Rep Lofgren is one of the two lawmakers in the House who have background in immig. issues (she was an immig. attorney).
If she doesn't have an obligation to solve immig. issue who else will have? It is her expertise and she want to solve the problem. Give her a chance, by supporting her effort on the 3 bills.
WHY is she backing the bill..what is her motivation? or did she just decide to do a gandhi on us all?
> i am not berating anyone for that matter!
When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!
"If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "
If she doesn't have an obligation to solve immig. issue who else will have? It is her expertise and she want to solve the problem. Give her a chance, by supporting her effort on the 3 bills.
WHY is she backing the bill..what is her motivation? or did she just decide to do a gandhi on us all?
> i am not berating anyone for that matter!
When lawmakers support certain bills..its because of the interst groups that back them..not their inner calling!
"If that is the logic then why do you think that lawmakers will work on "immigration" bills. After all the "immigration" bills only benefit folks who don't vote immediately. "
more...
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nk2006
02-14 08:55 AM
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money.
Organizing cultural events does sound like a good idea, but again the problem is "organizing". I volunteered in a few cultural event organizations and know that its hardwork and need many volunteers even in a small city (especially if its a fund-raising type). My understanding is state chapters are crying for members, if state chapters have enough volunteers it would be a good idea.
I think there were many brainstorming discussions on fund raising earlier on these forums. The problem with these anonymous forums are that anyone can give a suggestion and then do nothing about it (I am guilty of the same sometimes). Thats why I liked the idea of state chapters where members know each other and may be able to motivate each other to volunteer some time/money/etc.
Organizing cultural events does sound like a good idea, but again the problem is "organizing". I volunteered in a few cultural event organizations and know that its hardwork and need many volunteers even in a small city (especially if its a fund-raising type). My understanding is state chapters are crying for members, if state chapters have enough volunteers it would be a good idea.
I think there were many brainstorming discussions on fund raising earlier on these forums. The problem with these anonymous forums are that anyone can give a suggestion and then do nothing about it (I am guilty of the same sometimes). Thats why I liked the idea of state chapters where members know each other and may be able to motivate each other to volunteer some time/money/etc.
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sgH1
01-20 09:31 PM
I'm in...
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ChainReaction
04-18 09:40 AM
I had contributed $100 in the past and just made my third contribution of $50 and will contribute more...people every drop in the bucket counts and we are IV there is no other organization which is fighting for our cause. So contribute generously
p1234
10-02 04:52 PM
My personal opinion is that other than few algorithm, electrical design, compiler design kind of jobs, most jobs in Computer applications can be done by an EB3/EB2 person. It's only how your company treats a particular job opening that you get designated as EB2/EB3. I could file in EB2 and lots of top-rankers from my class could only file in EB3. Does that make them any less capable than me?? Nope!
Correct. gctest is a very narrow-minded individual just like some of the phds are.
I have read many papers published by these phd students during my MS coursework. Many of them are an absolute trash!
They propose something which has bunch of shortcomings and then list them down as future work.
Others come along, look at the future work section and propose something else with one less shortcoming
and so on...
Every researcher says his/her proposal is better and runs biased set of tests to support the claims.
99% of such research papers would be used as toilet papers in India by the homeless!
Industry doesn't even look at most of this academic trash.
Most of these phds (not all) end up as lecturers making people yawn in the class.
The real productive ones that graduate from top notch universities, the cream of the crop that achieve breakthroughs don't come to this public forum and trash people around.
They are the EB1, no wonders gctest is clubbed as EB2, is he any better than any of us?
Correct. gctest is a very narrow-minded individual just like some of the phds are.
I have read many papers published by these phd students during my MS coursework. Many of them are an absolute trash!
They propose something which has bunch of shortcomings and then list them down as future work.
Others come along, look at the future work section and propose something else with one less shortcoming
and so on...
Every researcher says his/her proposal is better and runs biased set of tests to support the claims.
99% of such research papers would be used as toilet papers in India by the homeless!
Industry doesn't even look at most of this academic trash.
Most of these phds (not all) end up as lecturers making people yawn in the class.
The real productive ones that graduate from top notch universities, the cream of the crop that achieve breakthroughs don't come to this public forum and trash people around.
They are the EB1, no wonders gctest is clubbed as EB2, is he any better than any of us?
eager_immi
02-14 07:58 AM
Since you don't have faith in IV and don't want to contribute...what are you doing here? When and If IV acheives result will you then remove money from your wallet? Also, ur goals other than getting ur green card does not match with IV's goal, so stop using "we" say "i".
No problem you can feel exactly how you want...i think the issues you and others have is beacuse u want to know what is happening with the funds. I agree on that point that we all come from india and having faith in any charity org is hard. But, you have to think beyond your myopic view. These people just like you have a full time job,they are equally frustrated with GC process and they have a lot to loose if they are caught in a criminal activities. So, tell me why would they throw away all that they have worked for to get a few thousand dollars from you all.People get shocked saying where did the 200K go? Please give me a break don't most H1B earn really high salary. If you are prudent and a good saver you can easily save that money in a few years time.
So now would you have enough faith to arrange a cultural event. I like your idea but would you step up. Or is that for IV to do to pass your cause ... getting your green card. Man you are some manupalative B.
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
No problem you can feel exactly how you want...i think the issues you and others have is beacuse u want to know what is happening with the funds. I agree on that point that we all come from india and having faith in any charity org is hard. But, you have to think beyond your myopic view. These people just like you have a full time job,they are equally frustrated with GC process and they have a lot to loose if they are caught in a criminal activities. So, tell me why would they throw away all that they have worked for to get a few thousand dollars from you all.People get shocked saying where did the 200K go? Please give me a break don't most H1B earn really high salary. If you are prudent and a good saver you can easily save that money in a few years time.
So now would you have enough faith to arrange a cultural event. I like your idea but would you step up. Or is that for IV to do to pass your cause ... getting your green card. Man you are some manupalative B.
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
