desi3933
01-30 02:17 PM
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
STOP THIS NON-SENSE.......
Why are you shouting? I have posted 30/60 days rule many times on this forum and other popular portal forum.
Here is one link -
H-1B - Specialty Occupation Work Visa (http://www.fitzgeraldlawcompany.com/h1b.html)
Here is relevant quote from there
Employer must pay the H-1B employee the required wage no later than 30 days from the H1 B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H1 B employee is already in the U.S.
____________________
Not a legal advice.
US Citizen of Indian Origin
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gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
mpadapa
08-27 10:28 AM
same with my spouses EAD application. My 485 is pending in NSC. Spouse's EAD pending at TSC, ND July 22 no LUD's yet..
My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
My spouse's current EAD expires on Sep 26. Hope to get the EAD by then:confused:
Same with me. 485 pending at NSC, EAD pending at TSC - as per instructions in I765. NO Luds, just silence.
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msp1976
10-16 01:21 PM
The immigration debate for legal immigrants and illegal immigrants with substantial presence in the USA has been raging for 2 years now. Reforms consistently went through Senate but got stuck in the house. Last year has been most painful and has brought matters to a tipping point. Therefore, I conclude that after the elections things have to settle down - this matter cannot be up in the air any longer. Either we get formally and bitterly screwed or some relief pops out in the next 2-3 months.
Well....
Option 3 is that they keep the thing dragging on just like they are doing last 2/3 years...Remember GW Bush was talking about guest worker program at start of 2004...The next presidential elections are just 2 years away...We keep hanging by the lean thread of forlorn hope...
Well....
Option 3 is that they keep the thing dragging on just like they are doing last 2/3 years...Remember GW Bush was talking about guest worker program at start of 2004...The next presidential elections are just 2 years away...We keep hanging by the lean thread of forlorn hope...
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bebar
06-15 11:52 AM
Filed June1st. But still waiting for receipt notification.
reddog
05-08 03:28 PM
I'm so thrilled that this happened ... I actually expected this to happen ........ Not sure why they didnt simply make it U .... Hopefully will spur all the EB2 folks to do something rather than thinking that the problem is only for unfortunate EB3 filers :)
i hear you.
i hear you.
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nousername
02-02 01:14 PM
Minimalist....
First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)
Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..
About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.
Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.
Good luck with you immigration because that seems to be the focus of your life.
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
First off, do not generalize H1 to IT industry only.. Trust me, Indian are present in other fields also and they are doing well there :)
Now about your comments, so I guess you truly believe in jungle raj.. Basically, do whatever you think benefits you.. Forget about what other people might need. May be you don't understand the mean of "society" and what makes humans different from animals. Sad, very sad..
About your example, I hope that does not happen to anyone but if it does then yes the employer should pay for the return flight back home but please do not mix two separate issues.
Anyway, I do not think I need to waist any more time with you because you fail to understand the underlining issue.
Good luck with you immigration because that seems to be the focus of your life.
nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?
Ideally your employer should rescind your offer and buy you a ticket back home.
But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.
Is it illegal? Yes. But there is a risk for the people involved.
Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.
In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.
You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.
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gc28262
06-28 01:04 PM
Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.
more...
lord_labaku
08-18 03:05 PM
With this issue of priority date taking a back seat to notice date when dates are current :
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.
Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.
For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.
While it is frustrating to the people with older priority dates (including me); it could very well be that USCIS is approving people with later priority dates sooner because its simply easier for them to do so. I really hope that this trend does not last beyond Aug-Sep. And in October, for EB2 - I, there is still a good likelihood that for people with priority dates < 2004, dates may still be current. So they can very well be approved from Oct onwards. So if I have to sacrifice a few months of waiting time to make sure visa numbers dont go wasted. I am prepared to do so.
Also it is very likely that people with older priority dates have a longer history in the US. So USCIS might need more time correlating all entry/exit time stamps, making sure we were in status all this while; but a person with 2006 priority date might have entered the US in 2005 & so less history to check.
Also there is the case where later priority dates were using PERM. since PERM was made to be less abusive than the previous LC process, maybe they take less time cross checking LC data.
It is unfair. So is life. Do I think a person with EB3 with priority date 2002 needs to wait 5 more years than a person with EB2 priority date 2006. No thats unfair as well.
Complaining issues such as this to the authorities will only make one thing clear - The current US immigration is full of such vagaries. It needs a clear & complete over haul. Thats not gonna happen soon.
For now, I think we just be satisfied with our EAD cards & AP & wait for the GC when it comes. It will be little less frustrating if we dont keep looking at immigration trackers.
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makemygc
08-01 05:11 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
But the whole process of sending to NSC and then transferring it to TSC is ridiculous..just waste of resources and time. Althought, they have realized the mistake and now allowing for direct filing.
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technoboy
10-13 12:17 PM
Hi there !
Just let you know guys, My checks got Cashed today.
Just let you know guys, My checks got Cashed today.
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dpp
07-05 09:29 AM
My application reached on July 2nd, 10.25 AM. Signed by J.BARRRET.
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amdn123
01-24 06:52 PM
Thanks sirinme, my job responsibilities are similar in the new job (i.e. same job code classification). My only concern is whether is it legally necessary to file papers to USCIS under AC21 informing of job change now or wait till visa numbers for me becoem current again.
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tsnaresh
11-18 12:03 PM
Done, thank you for initiating this campaign.
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sc3
08-18 06:50 PM
Ok, bear with me here.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
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SKK2004
08-25 04:35 PM
Being out of the backlog elimination center and waiting in this line since 2004, trust me when I say this circus isn't new to me :)!
your are very welcome.
Chill, relax and live everyday ( this USCIS circus is no fun).
your are very welcome.
Chill, relax and live everyday ( this USCIS circus is no fun).
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abhijitp
12-18 05:33 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
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smsthss
03-28 10:00 AM
As per murthy bulletin, EB3 India might become unavailable or will stay where it is.. If i interpret correctly. Looks like EB3 will remain the same. Very disappointing.
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rbharol
10-25 12:12 PM
Lets wait another two weeks and see who wins :)
If opinion polls and media coverage are any indication, it appears democrats shall rule
the house.
For us the best congress would be the one which passes SKIL bill.
It was unfortunate that despite Republicans ruling the house, they did not even discuss
anything on immigration, specially for high tech skilled workers, even though SKIL was
introduced by Republican leaders.
I hope they do *something* during lame duck session.
If opinion polls and media coverage are any indication, it appears democrats shall rule
the house.
For us the best congress would be the one which passes SKIL bill.
It was unfortunate that despite Republicans ruling the house, they did not even discuss
anything on immigration, specially for high tech skilled workers, even though SKIL was
introduced by Republican leaders.
I hope they do *something* during lame duck session.
Carlau
06-18 10:48 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
vinabath
03-26 11:37 AM
Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
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