yagw
03-29 03:20 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
...
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...
however after coming here , Paid for my own ticket and landed here on start of january 2011.
...
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...
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dealsnet
06-12 11:32 PM
Democratic party is not officially announced its candidate. They will announce in their convention. Do you know that ???.
Sen. Clinton just pause her campaign, not disbanded till now (for your info- read New York Times).
Party nomination not brings strong standing in the party. Where is John Kerry now?. All depends on their family connections and influential supporters.
What are you talking? which part of the world do you belong? Obama is the democratic candidat for 2008 Presidential Elections Its conformed.He is not still fighting and also he how can you justify that he is a weak person? do you know he was no where in the picture and no one expected he will won the nomination when the Democratic Primary was begun..now he is the democratic PRESIDENTIAL NOMINEE..by now you should have undestand how powerful he is.
Sen. Clinton just pause her campaign, not disbanded till now (for your info- read New York Times).
Party nomination not brings strong standing in the party. Where is John Kerry now?. All depends on their family connections and influential supporters.
What are you talking? which part of the world do you belong? Obama is the democratic candidat for 2008 Presidential Elections Its conformed.He is not still fighting and also he how can you justify that he is a weak person? do you know he was no where in the picture and no one expected he will won the nomination when the Democratic Primary was begun..now he is the democratic PRESIDENTIAL NOMINEE..by now you should have undestand how powerful he is.
sanjay
09-23 06:59 PM
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
Well, I don't agree to this guys views, but must agree that this RED dot system is too annoying and more are the -ve comments.
But, who cares !!!
Well, I don't agree to this guys views, but must agree that this RED dot system is too annoying and more are the -ve comments.
But, who cares !!!
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fasterthanlight�
05-30 11:28 PM
The 1st of July is about a month from now.
OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
more...
indian111
10-08 10:46 AM
You are right in the sense of returns but I am also looking at investing ,not 50 lakhs but small amts. The rturns may not be good but the main reason I think people invest is because of the surity that the land price appreciates more than 50% and be sure your principal is safe compared to stocks or other.
Just my 2 cents .Let me know if somene think otherwise
If an aparment costs 70 lakhs and that is renting for 15 thousand, how does it make sense to invest in it? The return on 70 lakhs at 12%(or 10%) is 7 lakhs/year. That is approx. 60 thousand per month. If you buy an apartment and rent it, it gives you 15 thousand. Don't you see the problem? The return on investment is low, very low. The fact that it is renting only for 15 thousand tells us that it is not affordable for most of the average guys in the city. The theory that there are more demand to snap up 70 lakh, 1 crore apartments is simply not true.
Just my 2 cents .Let me know if somene think otherwise
If an aparment costs 70 lakhs and that is renting for 15 thousand, how does it make sense to invest in it? The return on 70 lakhs at 12%(or 10%) is 7 lakhs/year. That is approx. 60 thousand per month. If you buy an apartment and rent it, it gives you 15 thousand. Don't you see the problem? The return on investment is low, very low. The fact that it is renting only for 15 thousand tells us that it is not affordable for most of the average guys in the city. The theory that there are more demand to snap up 70 lakh, 1 crore apartments is simply not true.
meg_z
02-18 02:17 PM
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
Per your attorney, you need to file an extension. How soon does one have to file? Do you have to file one even if the current one is still valid for more than 6-month? Have you done so since your travel? Thanks in advance.
Per your attorney, you need to file an extension. How soon does one have to file? Do you have to file one even if the current one is still valid for more than 6-month? Have you done so since your travel? Thanks in advance.
more...
rheoretro
09-14 09:24 AM
Point 1: We need to target news media here in the US primarily, not abroad. All good publicity is welcome, though. Please see a new thread started today by one of the moderators called "Ideas to increase Publicity of IV." There are key action items outlined there that every member can help out with.
Point 2: What will be shared (and with whom) will be decided soon by the core group. We used to send out regular updates, but that has suffered lately because we are all volunteers and some volunteers who were in charge of it are tied down with other things at work and home.
Point 3: We are already talking to people in academia and the academies.
Point 4: No member is "discounted." All are welcome, but we really need non-paying members to start chipping in money. What people decide to contribute is their business, and entirely theirs. Whether it is $20 or $50 or $100 or $500...that is entirely the call of the individual. This activity is not cheap, rather it requires a steady cash flow. We are obligated under the laws to hire a CPA and everything will be handled and accounted for.
Hi rheoretro,
First of all I commend your and everyone in putting their effort. I totally agree with you that we need more people and money. I think people are first to come and money will automatically follow.
While word-of-mouth is effective we can augment this to get attention using other means:
1. We can persuade news portals to advertise for our cause in a corner that might help us to get more people. Most Indians I know read Indian news everyday. If we can convince e.g., eenadu.net a telugu newspaper, to run ads we can get attention of lot people.
2. Please start selling the current acheivements that are not confidential. Like you might have been successful in persuading a high profile senator about this problem. Put his quotes on our site and also possible grab attention from bloggers.
3. If we can also tap academia who support skilled immigration that would help us. Let us put there studies in our reference section (I am assuming we didn't do this yet). This
makes senator to reference our site and make their lives easy.
4. Please do not discount freewill members who do not have a GC problem but savor
helping others with immigration problem. It could be Americans or Immigrants we'll get them all in.
I think these actions will help us grow our strength. I know it is easy said than done. I will send a mail to rediff and eenadu to put our banner on their frontpage. If anyone has contacts working for these website. That will make it whole lot easier.
-Kishore.
Point 2: What will be shared (and with whom) will be decided soon by the core group. We used to send out regular updates, but that has suffered lately because we are all volunteers and some volunteers who were in charge of it are tied down with other things at work and home.
Point 3: We are already talking to people in academia and the academies.
Point 4: No member is "discounted." All are welcome, but we really need non-paying members to start chipping in money. What people decide to contribute is their business, and entirely theirs. Whether it is $20 or $50 or $100 or $500...that is entirely the call of the individual. This activity is not cheap, rather it requires a steady cash flow. We are obligated under the laws to hire a CPA and everything will be handled and accounted for.
Hi rheoretro,
First of all I commend your and everyone in putting their effort. I totally agree with you that we need more people and money. I think people are first to come and money will automatically follow.
While word-of-mouth is effective we can augment this to get attention using other means:
1. We can persuade news portals to advertise for our cause in a corner that might help us to get more people. Most Indians I know read Indian news everyday. If we can convince e.g., eenadu.net a telugu newspaper, to run ads we can get attention of lot people.
2. Please start selling the current acheivements that are not confidential. Like you might have been successful in persuading a high profile senator about this problem. Put his quotes on our site and also possible grab attention from bloggers.
3. If we can also tap academia who support skilled immigration that would help us. Let us put there studies in our reference section (I am assuming we didn't do this yet). This
makes senator to reference our site and make their lives easy.
4. Please do not discount freewill members who do not have a GC problem but savor
helping others with immigration problem. It could be Americans or Immigrants we'll get them all in.
I think these actions will help us grow our strength. I know it is easy said than done. I will send a mail to rediff and eenadu to put our banner on their frontpage. If anyone has contacts working for these website. That will make it whole lot easier.
-Kishore.
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PresidentO
03-10 05:07 PM
One of the IV members has requested me to post this info.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
Thank you for great effort. I hope you are not pulling a prank.
Who is the IV member that has asked you to post this info?
Please let us know so that we can all congratulate him.
He contacted his senator to get the total number of pending EB apps for India.
Please see the response from the senator in the following link. It has pending applications by category.
http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0
Thank you for great effort. I hope you are not pulling a prank.
Who is the IV member that has asked you to post this info?
Please let us know so that we can all congratulate him.
more...
apb
02-16 03:22 PM
CPO mail for both of us.
Thanks everybody for all the wishes.
Thanks everybody for all the wishes.
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anzerraja
07-19 08:49 PM
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
It gives a solace that there are still some good people out there in this mean world. It is ridiculous to point out that it is a typo. Other than money what Aman and others have done is priceless.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
It gives a solace that there are still some good people out there in this mean world. It is ridiculous to point out that it is a typo. Other than money what Aman and others have done is priceless.
more...
vikki76
10-27 11:50 AM
First. congrats alterego- 4 yrs after 485 filing is a long long time to go.:eek:
Not that I know of. There are two 140 but both have AOS option - Is it normal that 140 application goes back to USCIS office ? AFAIK, there is nothing wrong with my 140 application . It is st. B.Tech+ MS+2 yrs type of case with permanent job (no consulting)
Not that I know of. There are two 140 but both have AOS option - Is it normal that 140 application goes back to USCIS office ? AFAIK, there is nothing wrong with my 140 application . It is st. B.Tech+ MS+2 yrs type of case with permanent job (no consulting)
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add78
04-27 08:45 PM
Can somebody please post a link to the 'original' H-1B Employer Application Requirements document from USICS (not interim docs) ?
A google search of the Immigration and Naturalization Act of 1990 should land you what you seek.
A google search of the Immigration and Naturalization Act of 1990 should land you what you seek.
more...
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bobgc
01-01 08:15 AM
Attended Interview on Dec 12,
Visa Stamped on Dec 17
Got the passport on Dec 20th.
Visa Stamped on Dec 17
Got the passport on Dec 20th.
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DesiGuy
09-17 12:06 PM
Which Link you guys following
CSPAN Mr. Hoyer speaking
CSPAN2 Idle
CSPAN3 Mrs. Bair speaking
Direct link:
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
Use 'REal Alternative' (including WMC) if REAL does not work.
CSPAN Mr. Hoyer speaking
CSPAN2 Idle
CSPAN3 Mrs. Bair speaking
Direct link:
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
Use 'REal Alternative' (including WMC) if REAL does not work.
more...
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insbaby
11-03 05:27 PM
Only 582 people waiting. Why can't USCIS approve all of them over night? :rolleyes::rolleyes::rolleyes:
EB3 - 2006
EB3 - 2006
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unitednations
03-31 11:51 AM
I (and I�m sure others too) would like to know how the following works,
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
Employer X filed labor, 140 for their employee. Both were approved (assumption - no RFEs, etc. until now), 485 was filed for in July 2007, and remains pending.
The employee was employed with Employer X from before the labor was applied and until ~360 days after the 485 was filed, and was always paid more than the LC prevailing wage/offered salary.
In July 2008, the employee leaves employer X and joins employer Y under AC21 provisions. An AC21 letter, G-28N are submitted.
140 never gets revoked by employer X.
In Jan 2009, employer X receives an Ability to Pay RFE for another pending 140 of theirs.
At this point, employer X has 16 140s that are open (pending OR approved with 485 pending to be filed/filed and pending). Out of those 16 140s, one was for the employee that left under AC21.
When they respond to that RFE, I do understand that they could be asked to show ability to pay for all 16 140s, even for the one that doesn�t work for them anymore, because of the fact that it was never revoked.
In this case, is the employee (that left) covered or at risk? I ask this question because the employee that left submitted AC21 documentation immediately upon leaving, thus notifying the USCIS that the �ability to pay� responsibility for his case, if any at all, now lies with the new future employer. There probably isn�t any clear definition of such a situation in the law, but can such an argument ever hold up in court, and protect the employee�s AOS application from getting affected due to any ability to pay issues the old employer (X) has had AFTER the employee left them.
The only person on here that I expect to be able to give a non-speculative answer to this is UN, unless someone else has personally gone through something similar.
Long post, I know, and I hope it does get read.
Thank you.
I worked on a very big case back in 2006.
Company had 20 pending 140's which were filed in 2005
Company had 42 approved 140's
in Janaury 2006 they sent RFE on one of the cases and asked for ability to pay. Before response was sent; second rfe is received on another pending casestating ability to pay and that uscis has noted company has filed many 140's; then third rfe is received on another case asking ability to pay on all pending cases (note this was in vermont service center and at this time the whole cybersoftech issue was going on; so there was a heightened alert from vermont service center).
In preparing for the response to the 20 pending cases; we had to analyze the 42 approved cases to ensure that just in case USCIS went after those cases together with the 20 then we should be ready in this particular response to justify the 42 approved cases.
In the response we only showed the 20 pending cases and that we had ability to pay for them.
Within three weeks; USCIS sent notice of intent to revoke the approved 140's. In the notice of intent to revoke; they stated that their records showed 20 pending; 42 approved cases and 205 h-1b's filed. USCIS went through their calculations and stated that if the average salary was xxx on all these petitions then the company would have to have paid close to $15 million in salaries which was (at that time the 2004 tax returns) more then five times the revenue. USCIS also went on to state they thought the company was involved in fraudulently obtaining h-1b's and 140's.
Now; company guy talks to Shusterman and he wants $2k per case and he can only handle the immigration component and that he neeed a CPA (which was me) and the company guy should also get a criminal attorney.
Well anyways; because in the first 20 cases we thought uscis may go after the approved 140's; the financials looked the right way to support all the cases.
The response was very scientific; hire dates; priority dates; amounts people got paid before priority date; amounts paid after; dates people left the company, etc.
In the various calculations; we proved out that even with people leaving who used ac21; we still had ability to pay for them (ie., even though they were no longer there we still had the financials to pay them). Then we gave another scenario that ability to pay clock should stop once person used ac21. We then did recalculation under this scenario.
In every scenario we showed we had ability to pay. Now; we never requested USCIS to revoke the approved 140's for people who had left; in one of the scenarios we adjusted the calculation to stop showing ability to pay once a person left.
USCIS re-approved all the cases. However; they sent notice of intent to deny for pepole who left using ac21. those candidates then gave updated letters and they all eventually got the greencards approved.
Now;this particular case is a little different because even though people left; the company still had ability to pay for them. Therefore, it is difficult to draw conclusion from this for other peoples particular cases. In this case; the fair value of the work I did for them would have cost them about $100K (i actually did audited financial statements for them; they are the only company I did audited financial statements for becuase the stakes were very very high for everyone concerned).
I can tell you that when a company does get this type of RFE; it is very difficult to substantiate everyone together and the calculations and supporting documentation is very complex AND companies have very little desire to help those who have already left. In these types of queries; the company/lawyer doesn't even bother to justify those who have already left; they just ask for revoation and they prove ability to pay for those who are still left with the company. Therefore; USCIS could just make the determination that those revoked cases were approved in error.
The main law for ability to pay is that company has to prove it from priority date until person obtains lawful permanent residency; law was never changed/modified to accomodate ability to pay for a company whose candidates have left using ac21.
Note: This is all pure speculation of what is going on in these cases. I am just writing out loud of why/if there is a shift within uscis.
more...
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Oli-G
06-22 07:59 PM
and that, my friend, is just childish behavior =)
Battle finished a few days ago. People have a right to want to kow the winner, and to get "excited". I'd kinda like to know also ;).
Battle finished a few days ago. People have a right to want to kow the winner, and to get "excited". I'd kinda like to know also ;).
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DariusMonsef
05-31 04:14 AM
America Loves You.
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roseball
04-19 02:41 PM
I am working for a fortune 100 company for last 12 years, rose to a senior level position. It's not easy for me to leave my present job and get the same position,level, responsibility and salary and potential for future growth. Except GC I have everythign else, but sometimes the wait is frustrating.
I understand your situation. I was in a similar position and after 8.5 yrs, I had to make a choice and move-on. In my case however, I found a similar position with new employer so I had nothing to lose other than rebuilding the repo at new job. Its very tough to change a job when everything else is going great except for GC, but I was fedup with the wait.
I understand your situation. I was in a similar position and after 8.5 yrs, I had to make a choice and move-on. In my case however, I found a similar position with new employer so I had nothing to lose other than rebuilding the repo at new job. Its very tough to change a job when everything else is going great except for GC, but I was fedup with the wait.
bugsbunny
04-24 12:41 PM
Another thread that needs deletion
Vexir
05-31 08:52 PM
My entry, thought I'd do an abstract :)
Scroll down for it.
Scroll down for it.
