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  • sandeep77
    03-20 05:53 PM
    bump





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  • TO BE OR NO TO BE
    05-17 03:49 PM
    nshah:

    Can you give me information of your lawyer please?

    Thanks,





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  • bombaysardar
    07-26 11:40 PM
    keep it up! :) :)





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  • morchu
    06-25 10:48 PM
    I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).



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  • meher
    12-24 10:38 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD





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  • h1gc
    09-25 02:58 PM
    Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

    HTH,

    If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.



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  • boreal
    06-22 07:22 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D

    ...and the boss goes back and continues eating samosas :)





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  • EkAurAaya
    03-19 09:46 PM
    I think you need to talk to the CPA for tax and not lawyer....

    This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA



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  • reachinus
    07-16 06:53 PM
    Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.

    Hi There,

    If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    So u say that people on H1 should not have wife and children????

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
    You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.


    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
    H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.


    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
    What do you mean by that???





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  • meragcdedobhai
    10-26 02:43 PM
    to Motivated...

    Seriously, .... Are you really thinking about getting this guy :p

    Good Job!



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  • GCBy3000
    07-25 05:25 PM
    I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.

    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.





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  • raysaikat
    08-04 03:22 PM
    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



    I do not think that this statement is correct since the lady (presumably) never had her own H1-B.



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  • javadeveloper
    07-20 04:16 PM
    Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.

    A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
    100% legal status as he is having continious payslips after his re entry.

    B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.

    In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.





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  • rajenk
    11-27 12:43 PM
    Currently there is no way you can substitute a labor certification. Your post saying "Now the consulting firm is saying that they have substituted a labor for him" could you be more specific what "Substitution" means in this context?

    I am forewarning not to get cheated!

    Thanks
    Raj



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  • copsmart
    06-15 02:52 PM
    Given below are my case details.

    Paper Based – Sent to Phoenix Lockbox, rerouted to CSC

    Mailed Date : May 18th
    Delivered Date : May 19th
    Received Date : May 20th
    Notice Date : June 1st
    1st SLUD : June 2nd
    2nd SLUD : June 9th
    3rd SLUD : June 10th
    4th SLUD : June 11th

    No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?

    I would really appreciate if CSC/WAC applicants post their case status updates.

    Thanks!!!





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  • designserve
    03-02 06:20 PM
    I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B



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  • admin
    03-28 06:03 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.

    posmd,

    If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.





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  • bluez25
    07-16 04:24 PM
    I did submit through mail when I applied last year and it took for ever. My personnel preference DO NOT try that option. They atleast need 45 to 60 days for the PCC to be issued.





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  • thomachan72
    06-10 11:45 AM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-

    1. How long does it take to get the i140 approved?
    (Regular/Premium)
    Premium should get it done in less than one months
    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
    Once the 140 is withdraws things can become problematic. It is not very safe as per my limited knowledge
    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
    copies of previous approvals
    5. Does the new job need to be the same title and job requirements as the old one?
    absolutely yes





    laksmi
    01-07 04:02 PM
    http://immigrationvoice.org/forum/showthread.php?t=14154





    Beemar
    04-02 12:56 AM
    Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

    If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??



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