snathan
03-28 11:48 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
It seems like you are at fault here...why did you come here without your employer calling you. There is no strong case...what wages you are talking about when you were not reported to work.
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
It seems like you are at fault here...why did you come here without your employer calling you. There is no strong case...what wages you are talking about when you were not reported to work.
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indyanguy
11-07 04:19 PM
I dumped H1B, and even renewing EAD myself. Keep on giving I9 form.
This helps me to keep interaction at the minimum with Desi Employer.
Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?
This helps me to keep interaction at the minimum with Desi Employer.
Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?
zhongweizhu
04-26 01:33 PM
just fire up $300
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VA2008
03-26 05:14 PM
I got a Soft LUD too on March 25th,2009. Probably routine scanning of applications to check if all documents are there or not. My receipt date is July18th,2007 btw.
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saibaba
12-02 02:33 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I’m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I’m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
ca_immigrant
01-09 07:44 PM
When I click on the link above....it does not work, gives me a message that says...
"The page you requested is not available right now"
how do I get there folks ?
"The page you requested is not available right now"
how do I get there folks ?
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FraudGultee
04-19 08:38 AM
16 hrs and no green card is too much pain. Kudos to you for being so patient. Have you considered applying in EB2?
With your experience you can change your job and use it to get Eb2
all those EB3 guys out there waiting for so long you should think about porting to EB2. All the information is on line, lot of discussion has happened, most of the people know the process.. so be proactive rather than examining patience. last thing i would like to see is some EB3 guy comes in and ask for some IV initiative to stream line porting :)
With your experience you can change your job and use it to get Eb2
all those EB3 guys out there waiting for so long you should think about porting to EB2. All the information is on line, lot of discussion has happened, most of the people know the process.. so be proactive rather than examining patience. last thing i would like to see is some EB3 guy comes in and ask for some IV initiative to stream line porting :)
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santb1975
05-23 10:27 PM
and the point you are trying to bring up is???
paskal - i actually agree with your basic premise.....once the larger body agrees on a basic vision and strategic plan - the tactical manuevers to achieve the vision in line with strategy should be left to leaders.......
but this principle generally works in two scenarios - either when the leader (or lead group) is appointed by a higher authority (like employees following the lead of a CEO appointed by board of directors which in turn has been "elected" by shareholders) or when the leader has been directly or indirectly elected by the constituents.......
Let me give an example.......an entrepreneur starts a company with a great idea.....grows it and nurtures it with great love and passion......dedicates his whole life to the idea and the venture.......then the entrepreneur needs a larger canvas and more money to grow the vision further.......he takes the company public or gets private equity funding or raises debt........now the new owners/ stakeholders decide they need to change the management and decide to elect a person of their own choice........suddenly a rank outsider replaces the entrepreneur as CEO........the new CEO now has the legitimacy and owners' backing to dictate how the company should function.....
I welcome red dots but take a moment to absorb what I am saying and whether the principle is wrong......
paskal - i actually agree with your basic premise.....once the larger body agrees on a basic vision and strategic plan - the tactical manuevers to achieve the vision in line with strategy should be left to leaders.......
but this principle generally works in two scenarios - either when the leader (or lead group) is appointed by a higher authority (like employees following the lead of a CEO appointed by board of directors which in turn has been "elected" by shareholders) or when the leader has been directly or indirectly elected by the constituents.......
Let me give an example.......an entrepreneur starts a company with a great idea.....grows it and nurtures it with great love and passion......dedicates his whole life to the idea and the venture.......then the entrepreneur needs a larger canvas and more money to grow the vision further.......he takes the company public or gets private equity funding or raises debt........now the new owners/ stakeholders decide they need to change the management and decide to elect a person of their own choice........suddenly a rank outsider replaces the entrepreneur as CEO........the new CEO now has the legitimacy and owners' backing to dictate how the company should function.....
I welcome red dots but take a moment to absorb what I am saying and whether the principle is wrong......
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gsc999
07-11 08:43 PM
I just got to this forum through some means and saw this thread. I work at Oracle and so I have sent it to the Oracle mailing lists for their support
---
Vinoddas: thanks for forwarding our message.
Can you also help with putting some flyers at Oracle food canteen? I have been there once. Lot of foot traffic. Please PM me your e-mail address. I will send you the soft copy of the flyer.
---
Vinoddas: thanks for forwarding our message.
Can you also help with putting some flyers at Oracle food canteen? I have been there once. Lot of foot traffic. Please PM me your e-mail address. I will send you the soft copy of the flyer.
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texanguy
06-12 05:09 PM
in year 2007 EB-3 india got 17,000 green cards, still not enough to take care of the high demand. there are just too many people waiting, that's the fact and nobody can do anything about it...except for supporting IV for these three bills...
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Bokke
06-07 05:30 PM
And what about mine, must i re-desing it ?
please set up some rules!
please set up some rules!
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add78
08-20 12:48 PM
Here are the answers -
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
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jonty_11
07-11 02:46 PM
we already have threads on this...Please dont clutter the groups.
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shree19772000
02-12 01:13 PM
Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.
Please consult a immigration lawyer.
Please consult a immigration lawyer.
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kdprasad
07-11 11:22 AM
I think one very serious point in favor of filing now is if you do not file, and the lawsuit is successful in about a year and a half as they say and your PD hasn't become current by then, it puts everyone who filed in July ahead of you and this might cause the USCIS to retrogress visa numbers to such an extent that it would take ten years for your PD to get current again. Would this be a correct assessment?
Where did you get the information that it would take a year and half. Is it just a guess!!!
Where did you get the information that it would take a year and half. Is it just a guess!!!
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jammerules
07-16 09:14 PM
We should fight this pig... who spreads false news for ratings.
Americans always talk about how some middle east countries spread Hate to its citizens.
What is going on here?
What is his news all about?
He is developing hate and racism in Americans by quoting false information on Legal immigration.
At work place people ask me if i was overstaying...I am sick and tired of explaining everybody.
Fight the xenophobic pig.
FIGHT THE PIG:mad:
Well said dude....I second your comment on the imbecile! I wish he would spend one night in the mexican neighborhood and I bet my brown ar#e he would be skinned alive!!:D Oh BTW, signed the document!!!
Americans always talk about how some middle east countries spread Hate to its citizens.
What is going on here?
What is his news all about?
He is developing hate and racism in Americans by quoting false information on Legal immigration.
At work place people ask me if i was overstaying...I am sick and tired of explaining everybody.
Fight the xenophobic pig.
FIGHT THE PIG:mad:
Well said dude....I second your comment on the imbecile! I wish he would spend one night in the mexican neighborhood and I bet my brown ar#e he would be skinned alive!!:D Oh BTW, signed the document!!!
more...
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Rajeev
01-31 02:16 PM
Bump
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gcisadawg
03-11 01:30 PM
How does insulting your own culture help us here ? "Crab mentality" as it is popularly known, exists in numerous cultures across the world. Go google for the term and you will know.
Forget about Cultures, it exists even within families across numerous cultures. Many times we have seen cases where one family member is jealous of the success of others and trying to put him/her down.
Forget about Cultures, it exists even within families across numerous cultures. Many times we have seen cases where one family member is jealous of the success of others and trying to put him/her down.
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mallu
12-04 10:47 PM
Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.
wait4ever
10-30 07:38 AM
What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.
admin
02-23 07:11 AM
eb3_nepa,
To quickly answer your question, QGA has already begun working for us. More information will be coming up shortly.
To quickly answer your question, QGA has already begun working for us. More information will be coming up shortly.
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