SunnySurya
08-18 01:27 PM
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
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reddymjm
06-08 12:19 PM
looks like NSC is not working at all on receipts today.
apahilaj
01-08 05:06 PM
Apahilaj,
Just sent you a PM. Please check your inbox.
Just replied you through PM.
Just sent you a PM. Please check your inbox.
Just replied you through PM.
2011 Call of Duty Black Ops,
pappu
08-18 01:35 PM
IV Core is Busy withdrawing money from the bank account.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
more...
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
mirage
07-07 11:30 AM
Please make a new thread with date time venue etc. With so much other things being discussed on this thread this thread is messed up. Please create a new thread may be with a poll .
Am in the bay area..
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
Am in the bay area..
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
more...
yabadaba
03-09 12:40 PM
another story:
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
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jonty_11
01-21 01:58 PM
Not that anyone would do this purposefully...
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????
more...
nitlsu
10-25 12:34 AM
I am sure that IV has a game plan (and I sincerely hope I am not wrong here). As a matter of interest I have been regularly monitoring NumbersUSA and FAIR websites and they have already set out an agenda with a list of action items for their members. This includes passage in the Senate of restrictionist bills like H.R. 6061, H.R. 6094, H.R. 6095 etc. In fact they have notified their constituents that Congress will be holding a lame duck session beginning November 13th and that they should keep up the pressure on their legislators.
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
We need something similar to this - Do all the IV constituents even know that there's a lame duck session coming up? - Probably not. The core team needs to do a better job in communicating time lines and action items for IV members to act upon. We are ready to jump into the fray again however as IV's mission statement rightly says - we need our efforts to be organized and directed for maximum impact. Even if we are out-numbered 400-1 (or whatever that number is) by the restrictionists - we need to make the politicians aware that our voice needs to be heard too.
For starters - we could at least have a webfax similar to the AILA one urging immigration reform during the lame duck session (or have that AILA link displayed more prominently on the IV site as an action item)
#
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franklin
06-13 01:20 AM
As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
more...
dreamworld
12-13 03:36 PM
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page.
-----------------------
BTW: Funding thread crossed 100 pages and it is a history for a funding thread. Let’s keep this spirit.
Finish this year 2007 with your support to IV lobby efforts. Show your generosity to your own cause.
Try to write to your local congressman and explain your situation in one page.
-----------------------
BTW: Funding thread crossed 100 pages and it is a history for a funding thread. Let’s keep this spirit.
Finish this year 2007 with your support to IV lobby efforts. Show your generosity to your own cause.
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amslonewolf
06-12 03:39 PM
My attorney is taking his owwwwn time.. Could there be any reasons for this?
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..
more...
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YesGC_NoGC
11-21 11:13 AM
Mehul,
We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.
Best Regards
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
We are sorry to hear this, May God bless you and your family help you come out of this as winner, Please try and do not lose hope, we all are praying for you.
Best Regards
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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techbuyer77
06-18 06:45 AM
me too
more...
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pointlesswait
09-10 02:37 PM
Instead of working on recapture..we must work on filing for 485 even if PD's are not current.. this way.. atleast in this recession ppl can be assured of some piece of mind.
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.
allowing to file for 485 can be bought back as a temporary relief..we should work on that!
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test101
07-09 11:29 AM
I just PM . There is a report from washington post who is trying to do a story about the flower campaingn.
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
Story for the Washington Post
--------------------------------------------------------------------------------
Hi all,
I'm a reporter with the Washington Post. If your efforts result in Emilio Gonzalez receiving hundreds of flowers tomorrow, I would very much like to do a story on it. If you're interested in speaking with me and telling me your story and why you've decided to participate in this demonstration, please give me an email or call me. My contact information is below.
Thanks!
Xiyun
email:yangx@washpost.com
office phone: 202 334 6701
more...
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krishnam70
07-03 12:14 PM
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...
good idea prashant
good some people are taking notice and doing it.. lets keep it rolling and hope atleast few more add on.. cmon guys its just 35$ after all these years and so much money spent what is 30+ bucks.. I promise I will contribute to IV also regularly... make the noise.. and make sure this thing is mentioned in the blogs too so if people miss it here they will read it there and respond...
good idea prashant
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acecupid
09-24 04:13 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
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h1bmajdoor
07-08 10:23 PM
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
amsgc
07-04 11:23 PM
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
SivaMayam
08-14 09:02 AM
Dear Friends,
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
I would greatly appreiciate if you all would be kind enough to include the service center which issued the receipts along the filing date in your postings.
Thanks
~S
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