воскресенье, 26 июня 2011 г.

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  • sankar_203
    08-04 02:51 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?
    May be
    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
    May be
    3. If so how would I approach from here?
    Consulting with an attorney
    4. Has anybody similar experiences with their employers?
    yes me and my friend did
    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
    Not at all advisable..patience is virtue in this matter..
    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
    Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..

    Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??




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  • Calouste
    07-28 03:51 PM
    I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.

    Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.




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  • axp817
    04-09 02:54 PM
    Is this legal?

    Yes.

    Is it a common practice?

    Apparently.


    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.

    Good luck.




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  • crazyghoda
    05-06 02:54 PM
    Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.

    Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.



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  • walking_dude
    03-17 03:28 PM
    By contributing monetarily to IVs lobbying efforts.

    IV keeps monitoring the newly presented bills in both houses of Congress through its lobbysists and attempts to attach increase to EB quotas to such bills. These efforts require lobbying the US Congressmen and lobbying requires money.

    Since IV has limited number of recurring contributors and one-time contributors it has a limited budget. Also, this being an election year chance of any major immigration-related bill passing is remote (immigration being a politically sensitive subject ). Hence IV has been lobbying for Administrative fixes, in the interim, which are more achievable.

    If all the IV members become regular contributors, IV will have surplus funds so that it can lobby hard and with more lawmakers to include EB GC increase in all possible legislations.


    I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.

    How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?




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  • john2255
    10-19 03:13 AM
    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

    Other relevant past details are

    H1B non cap petition- June 2008
    221 g at the consulate for the H1B petition since I didn't had the license.
    Hospital withdrew the H1B petition in August 2008.


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John



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  • suriajay12
    05-07 07:31 AM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    It works more easily the other way. If IV core endorses and supports a rally, then the numbers build up. If you dont start a campaign type of thread, where will the numbers come from. They will scatter here and there. Isnt that the case now.




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  • Macaca
    02-26 02:14 PM
    Oh Eleanor, I don't even know where to start on this scumbag.

    But I do know how to end it.

    This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.



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  • pappu
    10-16 04:06 PM
    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.

    This effort was done by me and some other members of IV. If you would like to contribute pls go ahead and send emails. All Indian student associations are listed on http://www.garamchai.com/indassc.htm
    YOu can use the tool on
    invite your friends page
    http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
    to send emails
    or use the template on
    http://immigrationvoice.org/index.php?option=com_content&task=category&sectionid=4&id=13&Itemid=36
    resources page - send to a friend letter.

    if you can find a listing of all chineese /international student associations, pls post it on this thread for everyone.
    Thanks for helping and taking action on your suggestion.




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  • Mayra75
    12-31 07:29 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?



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  • cr52401
    03-21 08:57 AM
    I am in same situation and try to file next month. Can you tell me how long it took for you to get the second approval?

    I also sent you a PM as well.

    Thank you.



    You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]

    If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.

    - gs




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  • gconmymind
    11-30 04:23 AM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.

    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?



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  • satyasrd
    06-14 08:56 AM
    This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.

    Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......




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  • felix31
    02-12 09:53 PM
    My thanks to all replies,

    Here is the bottomline.

    An interim rule was indeed published in the Federal Register on May 24, 2006, announcing that Premium Processing program would be expanded to include I-140, I-539, and I-765 applications.

    As we already know Premium processing for I-140 is already in effect since last Fall. I am not certain about I-765, BUT the effective date for I-539 under premium processing is still unknown.

    So, as both hubby's H1 and my H4 applications are pending, I will upgrade his H1 and hope that my H4 gets picked up as well. There is at least 50-50% chance for that (if they did not stopped the 'courtesy service for H4s).

    The twist here is that my current H4 expires on March 16th, 2007. AND we cannot send for my (H4 to H1) transfer before APRIL 1st.

    That's why I SO MUCH NEED H4 extension in hand before sending H1 in APRIL.



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  • fromnaija
    09-14 01:54 PM
    you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.

    NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).

    This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.

    If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.




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  • ganguteli
    03-27 10:28 AM
    Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
    and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.

    Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.



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  • kishdam
    03-25 10:11 AM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !

    Seems like this bill has some EB provisions as well - like exempting PhD holders from visa numbers. Ofcourse thats too little but something is better than nothing.




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  • pxkuma
    06-17 07:20 AM
    I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).

    My lawyer recommended that I have three options

    1) Start over and recapture your PD. She mentioned that this is the cleanest option.

    2) Apply for 485 from your old job and then move to the other job after six months

    3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.

    I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.

    Please note the above is my opinion and you will need to consult your own lawyers.




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  • H1B-GC
    05-27 10:36 AM
    Do u think, we did't do that.. We did everything possibly we could but of no help and been to three diffrent DMV's.. same old crap.. This seems to be a bigger problem than getting GC.. now we will be restrictited of driving too??

    Talk to your Local "state" Congressman(woman)/Senator.




    mbawa2574
    08-04 09:16 AM
    Got a IO who was very detail oriented. She was good. According to her they are processing cases filed between June 16th and July 16th 2007. My name check is not cleared but she told that they have been updated on the new NC memo. Name check not required to approve an application, At this point of time , they are trying to approve old application with NC pending who have visa number available.




    AffectedWife
    03-14 12:38 AM
    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.



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