BayBoy
11-22 06:05 AM
Hi Mehul
Heart breaking,Miracle will happen any time.My personal advice-Please get second opinion from Adyar Chennai cancer Institute.
http://www.cancerinstitutewia.org
Gandhi Nagar,East Canal Bank Road
Adyar, Chennai, 600020
+91 44 22350131
+91 44 24911526
+91 44 42054405
+91 44 22350241
Fax : 91-44-24912085
Gob Bless you.
Rajagopalan
Heart breaking,Miracle will happen any time.My personal advice-Please get second opinion from Adyar Chennai cancer Institute.
http://www.cancerinstitutewia.org
Gandhi Nagar,East Canal Bank Road
Adyar, Chennai, 600020
+91 44 22350131
+91 44 24911526
+91 44 42054405
+91 44 22350241
Fax : 91-44-24912085
Gob Bless you.
Rajagopalan
wallpaper Man with quote tattoo on his
hsingh82
02-24 01:29 PM
Sent a check of $50. I myself have moved away from GC and going E-2 visa route based on my wife's canadian citizenship.
abq_gc
08-18 03:09 PM
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
I agree with Refugee
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
I agree with Refugee
2011 Quote Tattoos On Waist. tattoo
GCwaitforever
12-12 05:38 PM
I have an American Lead who interviewed this indian guy over the telephone and he did appear very smart, but when he joined our company he was plain dumb and didnt know anything. Apparently somebody else attended his telephone interview. Talk about breaking FAITH i have built all these years. He doesnt trust Indians anymore. Who is to be blamed here???
Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.
Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.
Dear Senator Sessions,
I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.
I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.
I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.
My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.
My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?
Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.
I am expecting my Greencard petition to arrive only in another four years.
Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.
I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.
Some of the key provisions which would need your support are ...
1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.
2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.
3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.
4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.
5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.
Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.
Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.
Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.
Dear Senator Sessions,
I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.
I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.
I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.
My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.
My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?
Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.
I am expecting my Greencard petition to arrive only in another four years.
Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.
I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.
Some of the key provisions which would need your support are ...
1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.
2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.
3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.
4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.
5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.
Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.
more...
cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
Googler
07-07 09:08 PM
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
more...
trueguy
09-19 07:46 PM
I agree with above analysis except 5% assumption is not good assumption. It might be 2% or less
2010 2011 matching tattoo quotes,
gc_on_demand
09-10 10:11 AM
Either the US Consulate got the EB-3 India date wrong or there was a typo in the Oct Visa Bulletin. I wish/hope there was a typo in the bulletin and Mumbai consulate got it right....Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
You can check dates on phone line of DHS.Phone number is at bottom of bulletin.
You can check dates on phone line of DHS.Phone number is at bottom of bulletin.
more...
GCStatus
08-18 11:47 PM
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
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zoooom
07-19 08:50 PM
$100 from me.
Rahul :)
Thanks!!
Rahul :)
Thanks!!
more...
pret_23
01-30 05:04 PM
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
:rolleyes::rolleyes:
Yes its tough but trust me if we dont have illegals in america nobody would have even bothered abt CIR.And, in the current market situation they would have reduced H1B quota also....
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mbawa2574
09-08 01:52 PM
July 3 filer NSC : all 6 checks got cashed.
more...
house Dragon Tattoo on Sexy Girl
november
07-02 11:26 PM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
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mhtanim
07-15 01:00 AM
When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.
I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.
I applied for my EAD and AP renewal on the second week of May 2008. Again, I am not sure if EAD or AP renewal triggered the FP notice. Good luck to you.
more...
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gccovet
05-12 01:08 PM
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
For India:
EB2 - Progressed to 1APR04
EB3- Did not change.
EB3 other - No change (1 Jan 03)
ROW- EB2- Current
ROW- EB3- 1 Mar 06
ROW- EB3Others- 1 Jan 03.
For China
EB2 - Progressed to 1APR04
EB3- 22Mar 03.
EB3 other - No change (1 Jan 03)
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GCard_Dream
10-05 12:20 PM
I am afraid that you might be right on this. Having said that it appears that there isn’t lot of resistance for our provisions in the senate. In fact, we have been able to get our provisions through the senate few times already but we have never been able to get anything out of the house. We tried twice and it always failed in the house.
So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.
If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.
If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.
So why don’t we try to persuade house to come up with our provisions and that shouldn’t (I hope) have any problem in the senate. If history is any guide, senate has always been helpful to us. Any comment on who in the house might be willing to help us in lame-duck session.
If the Democrats :cool: win, we will be screwed because the illegals will get all the visas.
If the Republicans :cool: :eek: win, we will also be screwed because nobody will get visas.
more...
makeup A Different Type of Tattoo
caydee
05-23 07:25 PM
I like this as it gives a personal touch.
Dear Senator ____;
Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.
I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.
The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.
Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.
The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.
It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.
Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.
Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:
1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years � 2.2 million a year � to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.
2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).
3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor�s certification simply by registering.
We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Sincerely,
David Chappel
Dear Senator ____;
Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.
I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.
The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.
Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.
The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.
It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.
Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.
Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:
1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years � 2.2 million a year � to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.
2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).
3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor�s certification simply by registering.
We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Sincerely,
David Chappel
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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
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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!
EADplease
09-20 04:13 PM
I just called USCIS. The woman was polite but she told me there is nothing she can tell me since it is still within 90 days and she cannot tell me the receipt number. :mad:
I gues it depends on who you talk to.
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
I gues it depends on who you talk to.
Thank you very much!
We're anxiously waiting for the receipt notice in the mail...
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.
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Not a legal advice.
US Citizen of Indian Origin
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