unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
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amitjoey
05-23 11:37 AM
I sent the email to senators but was disappointed not to see any SKIL provisions like MS, PHD exemptions.
Pitha, we do not need SKIL, if we get greencard quickly. See item 3 on the list.
Pitha, we do not need SKIL, if we get greencard quickly. See item 3 on the list.
sen_raju
07-11 11:02 PM
http://thevoice.name/?p=2351
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kanyewest
02-12 11:13 AM
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
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.
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.
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...
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
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.
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.
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...
more...
designserve
11-18 09:38 AM
done... Congressman changed in recent election.
Hello_Hello
02-09 09:39 PM
Banned from visiting USA ??? So what ??? If you get time to visit India go to Gujarat and see the development in last 10 years also if possible compare it with Amethi & Raibarrelly the constituency of present Queen & prince & their ancestors..you'll get your answers.Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
more...
gc_lover
07-02 08:39 AM
Sent on Jun 29th. I don't know when it has reached. My dates were available in June. I am hoping it should have reached Jun 30th.
Anyone know if they accept packages on Saturday?
Anyone know if they accept packages on Saturday?
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sanjay
03-15 10:07 PM
My friend suggested this forum. Looks to be very good site and seems to be active. I am EB# from India.
Can you tell me why EB3 is lagging so much
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
more...
kg318
04-24 10:18 AM
What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
Also GC makes long term commitment between an employer and an employee.
Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????
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mundada
09-10 04:05 PM
:D
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
If USCIS cannot recapture lost visas from 1992 to 2008 then can it forward capture the visas from next 30 years and clear the backlog?
This way the US can have a stated policy of not accepting any EB immigrant from India/China for next 30 years.
It will also avoid the issue of people retiring doing the same or similar job for 20+ years and without a green card.
It will prevent one generation from India/China from being fooled into American Dream.
more...
dionysus
09-09 04:36 PM
Got the magic email!! Yoo Hoo!!
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
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desi3933
07-10 12:28 AM
....
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
more...
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shankar_thanu
03-25 04:20 PM
Mani_r1,
Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8
Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8
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gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
more...
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nkavjs
09-12 01:46 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
I am in exactly same boat, with no idea about my pending application.
Absolutely hate this feeling.
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atlfp
05-02 06:59 PM
If they can work out a deal with Bill Frist then the bill can pass Senate as a byproduct of CIR. The bill is so short that they can basically pass it within 10 minutes as long as Bill Frist bring it onto the table.
more...
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greenguru
09-10 02:25 AM
vdlrao,
could you share your opinion on EB3 ?please
tks
could you share your opinion on EB3 ?please
tks
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hiUS
09-03 10:30 AM
Wait4ever,
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
Did you receive the physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
I am the same boat, got the approval email and a week later received the approval notice in the mail. Did not get welcome or CPO email. My approval notice says I MAY have to do biometrics again to get my PR card
and they will notify me about appearing for biometrics if required.
Dose your approval notice have a similar message?
Thanks
Did you receive the physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
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neelu8
02-24 09:14 AM
I just contributed $200. Will try to participate in the event as well. Thanks and good luck!
Your receipt number for this payment is: 4408-9307-9825-0138.
Your receipt number for this payment is: 4408-9307-9825-0138.
Green.Tech
02-26 05:48 PM
Green.Tech,
Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.
Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.
Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.
.
Sanju,
I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)
Keep up the good work!
Green.Tech
Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.
Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.
Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.
.
Sanju,
I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)
Keep up the good work!
Green.Tech
apahilaj
02-03 07:44 PM
I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
Thanks
Hi,
What is your 485 notice date and which state are you residing?
Thanks
Hi,
What is your 485 notice date and which state are you residing?
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