msp1976
03-09 01:54 PM
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
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desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
simple1
05-01 11:54 AM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
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reddymjm
06-08 12:19 PM
looks like NSC is not working at all on receipts today.
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pappu
06-20 10:43 AM
Thanks for the update. Beginning from S. 1932 last year, we have been riding an extremely rough roller coaster. We are all sick of politics. I personally feel nothing much might be accomplished this year. A lot is at stake for politicians if they take any position. Thus dragging the issue and dealing with it next year seems to be their only option. It is a bad sign for lots of legal immigrants who have been anxiously waiting all this while. If at all anything can happen, it will only be due to initiative from the President. Or if President signs a emergency bill giving relief to outstanding, highly educated people who have been in line. This option maybe a daydream but will keep us optimistic until November this year. Sorry for sounding pessimistic.
snathan
02-10 10:38 AM
Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV
Thank you and its $944
Thank you and its $944
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somex
02-22 05:36 PM
I am also frustated with GC process. It is literally controlling my life...
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.
With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....
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sys_manus
02-07 11:46 PM
...this is what I call washing one's dirty linen in public...
..peace
..peace
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gondalguru
08-06 11:18 PM
My Wife's & my AP expires on 11/16/2008 and she is coming back to the States from India on Sep 9th 2008, I'm assuming her I94 would be only issued till 11/16/2008. We are then planning to apply for EAD/AP renewal , that is, after Sep 9th 2008 and my question is what is she doesn't get her renewed AP approved before 11/16/2007 (which again I'm assuming would be the date on I94 valifity) and would that make her out of status? I hope this helps
Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.
Most likely her I-94 will be stamped for one year. As long as her I-485 is pending she will not be out of status.
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krish.d.rao
12-18 06:01 PM
I too have been in this country since 1998 and have a priority date of 2004 EB-2.
The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.
The one way I cope with the endless stream of bad news from the monthly visa bulletins is by remembering that with every passing day the the reality of having a GC is getting closer and not further. Many times I have contemplated giving it all up and going back to my upper middle class comforts of good old Bangalore, but then I remind myself that I have probably endured most of the pain and quitting at this point is like walking away from a marathon with the finish line only few miles away (or maybe not).
Comapre your GC wait to a marathon and decide if you are too close to the finish line to give it up or if it is so far away that alternate avenues need to be pursued.
Admittedly DOS is moving the finish line like a baby brandishing a new toy, but lets be realistic in assuming that EB India priority dates have been pushed much further back than needed. This maybe a knee jerk reaction due to the July fiasco.
Anyways, all I am trying to say is that hang in there and dont give up. If you still feel depressed seek medical help.
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s416504
08-13 02:32 PM
My Application delivered at 11:34 by USPS & signed by B GERKENSMEYER.
So far No LUD..No Receipts..Any one else signed by B GERKENSMEYER.
So far No LUD..No Receipts..Any one else signed by B GERKENSMEYER.
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senthil
08-08 11:14 AM
good luck to all & their families who have their I-485's approved lately
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GCapplicant
07-27 10:09 PM
Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
Hi Dpp
kindly dont use hell ! jealous , these type of words are not required for any argument.
If you want EB2 I to get the visas and move forward...it will.
I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.
The guys from EB3I have been waiting all these years.
Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.
The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.
When there is no movement ,this will be the reaction for the EB3 I people.
When you are eager for yr Gc ,the same rule applies for everone.
There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.
Did you know the visa flow earlier?
I never knew.People learn by experience.
These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.
kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.
I participated in the mail campaign... We are fighting for the lost justice.
Let us team as one and work best.Ever one deserves their own share.
I am not here for any argument.
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gcputtu
11-21 05:19 PM
totally agree.
I second that idea.
We should let Mehul decide, and help him in any way we can!
I second that idea.
We should let Mehul decide, and help him in any way we can!
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tikka
07-09 10:04 AM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
I can gather 100+ people from Chicago..
thats awesome!! you should post this on the chicago thread.
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ckichannagari
02-14 12:22 PM
Contributed $100 via Paypal, Transaction ID: 41371630MU244125X
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caforum2
06-18 12:19 PM
Mailed to NSC on: 1st June
Mailed From State: IL
Received at NSC on: June 2nd
receipt date: June 4th
140 approved from : NSC
Receipt Date : June 16th
Cashed on June 16th
Receipt recedived on June 18th
Mailed From State: IL
Received at NSC on: June 2nd
receipt date: June 4th
140 approved from : NSC
Receipt Date : June 16th
Cashed on June 16th
Receipt recedived on June 18th
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tonyHK12
11-18 03:05 PM
Sent the email and received email from John Kerry. I donated $100 this afternoon and still do not have access to the Donor Forum? Is there anything more to get access?
Thank you. Please send a message to ivcoordinator@gmail.com with the following details:
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Thank you. Please send a message to ivcoordinator@gmail.com with the following details:
IV username
Ph #
City and State of residence
Pay pal receipt date
Transaction / subscription #
Date of payment
One time or recurring donations
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anzerraja
07-20 11:06 AM
Shana04,
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
karthkc
04-20 10:24 PM
hi guyz,
Here u go. The company name is 3i Infotech Inc. based in NJ.
Googling the company name brings up some interesting information. The company seems to be well-established and looks like it has some ties to the federal government in terms of clientele..
I would assess the situation carefully and come up with a strategy before you take further steps...
Here u go. The company name is 3i Infotech Inc. based in NJ.
Googling the company name brings up some interesting information. The company seems to be well-established and looks like it has some ties to the federal government in terms of clientele..
I would assess the situation carefully and come up with a strategy before you take further steps...
kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
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