pappu
07-01 08:26 PM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
wallpaper 2010 Ducati 1198S Wallpaper
sc3
08-13 05:52 PM
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
This is really bad news indeed. USCIS is screwing us up big time. How can they see a demand for the numbers when there is no one applying for the past 3 months?
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
This is really bad news indeed. USCIS is screwing us up big time. How can they see a demand for the numbers when there is no one applying for the past 3 months?
sledge_hammer
02-03 09:53 AM
I have somewhat uderstood the rulemaking process. What I fail to understand is that since the rule to stop labor substitution is the final rule, does it mean that this rule has been implemented? Or is the next step for OMB to approve the final rule?
I am confused!
I am confused!
2011 Ducati 1000 SS Super Sport
krishnam70
07-17 05:53 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
more...
vsrinir
09-17 11:49 AM
See how Numbers USA propaganda
They are saying these bills grant Amnesty.
I pity them.
GOD BLESS AMERICA
http://www.numbersusa.com/content/
Please contact your U.S. Representative through the Capitol Switchboard (202-224-3121) and ask him/her to do everything possible to stop the passage of three bills in the House Judiciary Committee today: H.R. 5882, a bill that would add an additional 550,000 permanent green cards; H.R. 5924, which would add 20,000 additional foreign nurses per year for three years (plus their families); and H.R. 6020, which would grant amnesty to the illegal-alien spouses, children, brothers, sisters and parents of all 23 million U.S. military veterans
They are saying these bills grant Amnesty.
I pity them.
GOD BLESS AMERICA
http://www.numbersusa.com/content/
Please contact your U.S. Representative through the Capitol Switchboard (202-224-3121) and ask him/her to do everything possible to stop the passage of three bills in the House Judiciary Committee today: H.R. 5882, a bill that would add an additional 550,000 permanent green cards; H.R. 5924, which would add 20,000 additional foreign nurses per year for three years (plus their families); and H.R. 6020, which would grant amnesty to the illegal-alien spouses, children, brothers, sisters and parents of all 23 million U.S. military veterans
GCwaitforever
11-16 01:23 PM
Zazona report goes wrong in two directions.
1. Benificieries of tax treaties among H-1B applicants are very small in number. They are from mostly European countries.
Based on this small number of H-1B immigrants who do not pay Social security, Zazona report generalizes that entire H-1B immigrants do not pay taxes. This is called "Hasty generalization" - a common propaganda weapon employed by unethical writers to confuse their readers.
2. Even the H-1B immigrants who do not pay Social security taxes, however small their number may be, have a right to utilize this feature provided by their home country to safeguard their hard-earned money. They should not be blamed, ridiculed, villified for taking care of themselves in the retirement.
Zazona report never talks about Americans employed in Eurpoe utilizing similar treaties to their advantage. That is the other side of the story.
If you read NumbersUSA reports also, you will find the same theme. The writer willfully obscures the fact and tries to sell his/her belief as a fact to the readers. I sent them e-mails to point out the inaccuracies, but they do not care and they are bent on selling these fallacies to public. No wonder the mainstream media does not accept their versions.
1. Benificieries of tax treaties among H-1B applicants are very small in number. They are from mostly European countries.
Based on this small number of H-1B immigrants who do not pay Social security, Zazona report generalizes that entire H-1B immigrants do not pay taxes. This is called "Hasty generalization" - a common propaganda weapon employed by unethical writers to confuse their readers.
2. Even the H-1B immigrants who do not pay Social security taxes, however small their number may be, have a right to utilize this feature provided by their home country to safeguard their hard-earned money. They should not be blamed, ridiculed, villified for taking care of themselves in the retirement.
Zazona report never talks about Americans employed in Eurpoe utilizing similar treaties to their advantage. That is the other side of the story.
If you read NumbersUSA reports also, you will find the same theme. The writer willfully obscures the fact and tries to sell his/her belief as a fact to the readers. I sent them e-mails to point out the inaccuracies, but they do not care and they are bent on selling these fallacies to public. No wonder the mainstream media does not accept their versions.
more...
Dhundhun
12-12 09:36 PM
I am not able to start and feel that there is already hidden membership is there. Is there any thuth in this feeling? How does IV is working in terms of access rights?
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
2010 Ducati 749 Wallpaper
a1b2c3
05-07 09:26 PM
congratulations!
when did you apply, how soon you got it? what did it involve? are there backlogs? you plan on sponsoring your family?
most answers are already around, thanks to stuckinmuck, but it never hurts to get it from the horse's mouth.
when did you apply, how soon you got it? what did it involve? are there backlogs? you plan on sponsoring your family?
most answers are already around, thanks to stuckinmuck, but it never hurts to get it from the horse's mouth.
more...
cliffmacnab
12-03 05:02 PM
I am planing to sue FBI although my case has been just pending for one year. I would like to know if there are any successful cases in Philadelphia region. Thanks.
hair 2009 Ducati Superbike 1098R
B3NKobe
05-30 11:29 PM
OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
lol, I as going to say!!
lol, I as going to say!!
more...
53885
05-24 01:06 PM
Awesome,
"...impose a new $8,500 surcharge on employers for each H-1B petition filed...."
I wonder how many companies would sponsor H1B instead of outsourcing work if the USCIS/Legal fees of one H1B would be $15,000.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
"...impose a new $8,500 surcharge on employers for each H-1B petition filed...."
I wonder how many companies would sponsor H1B instead of outsourcing work if the USCIS/Legal fees of one H1B would be $15,000.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809
hot ducati wallpaper. ducati
santb1975
07-02 01:51 PM
^^^
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
more...
house Ducati Badge Wallpaper
snowshoe
04-26 02:06 PM
I heard about IV from the Washington Post article. Used the webfax service and then came across this forum. Just contibuted $40, and spread the word to my friends waiting for labor.
Good luck and good bye.
Good luck and good bye.
tattoo Ducati is looking to expand
meetpravee
03-30 02:41 PM
I have read about LUD's so much in the forum. Can somebody please post a link/explain where I can see/track these changes.
more...
pictures wallpaper , 2008 Ducati
VersusMG
06-14 12:28 PM
Go Van Halen!
U2 Blows!
http://www.versusmediagroup.com/kirupa/iPod.jpg
U2 Blows!
http://www.versusmediagroup.com/kirupa/iPod.jpg
dresses Traditional Colour 2011 Ducati
kumarc123
01-09 04:46 PM
Make monthly monetary contribution for IV as a start.......
I wasn't the lucky July filer, I am sure their are others like me waiting.
DO a rally and I will be there with contributions, do something big, I am sure more like will join the cause. Not a free rider but at the same time don't like to be taken for a free ride!
Thanks for your smart comment, however it does not serve the purpose.
I wasn't the lucky July filer, I am sure their are others like me waiting.
DO a rally and I will be there with contributions, do something big, I am sure more like will join the cause. Not a free rider but at the same time don't like to be taken for a free ride!
Thanks for your smart comment, however it does not serve the purpose.
more...
makeup CHECK OUT OUR UPDATED DUCATI
vsrinir
09-17 11:30 AM
Audio is clear now
girlfriend Ducati 1198RF Test Ride
trueguy
08-13 05:32 PM
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
hairstyles 2010 Ducati Hypermotard 796
sdrblr
09-15 09:40 AM
I believe it was last year(not sure exactly) when USCIS started this new initiative where the AILA members can send an email and "Remind" them that a particular case is current. Basically you will send an email with the subject
EB I-485/SEPT or EB I-485/OCT or EB I-485/DEC (Month of the VB when you will be current)
and the body will have just the A #s
A123456789, A987654321
Note if you have multiple A#s (self, spouse etc) seperate it by comma.
send it to
streamline.tsc@dhs.gov OR streamline.nsc@dhs.gov
You will get an automated reply with in minutes
I not sure whether this works...but hey who cares all that you are doing is sending an email.
EB I-485/SEPT or EB I-485/OCT or EB I-485/DEC (Month of the VB when you will be current)
and the body will have just the A #s
A123456789, A987654321
Note if you have multiple A#s (self, spouse etc) seperate it by comma.
send it to
streamline.tsc@dhs.gov OR streamline.nsc@dhs.gov
You will get an automated reply with in minutes
I not sure whether this works...but hey who cares all that you are doing is sending an email.
sbabunle
09-14 12:46 PM
http://www.govtrack.us/congress/bill.xpd?bill=s109-2691
above link give more info about the bill and legislative activities
in a condensed form.
above link give more info about the bill and legislative activities
in a condensed form.
PlainSpeak
04-20 05:38 PM
'm glad you didn't mention 2006. :D
While i am like everyone else in the fact that i want my GC i am not a selfish/greedy person (Like some of the members here on IV) who wants their GC at the expense of someone else
EB3 dates 2 years behind EB2 dates sounds resonable and if that ratio is kept then it will be beneficial to everyone. Not the way it is now.
What i want to see happen is that EB3 move to Aug 2004 dates while EB2 is at Aug 2006 keeping a 2 year difference between them, and maintaining the samne ratio moving forward
That was my wish but i had no hope til now but with the recent comments about Very High Upgrades cases by CIS that wish could most probably come true ...
While i am like everyone else in the fact that i want my GC i am not a selfish/greedy person (Like some of the members here on IV) who wants their GC at the expense of someone else
EB3 dates 2 years behind EB2 dates sounds resonable and if that ratio is kept then it will be beneficial to everyone. Not the way it is now.
What i want to see happen is that EB3 move to Aug 2004 dates while EB2 is at Aug 2006 keeping a 2 year difference between them, and maintaining the samne ratio moving forward
That was my wish but i had no hope til now but with the recent comments about Very High Upgrades cases by CIS that wish could most probably come true ...
