godbless
07-18 09:08 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
smuggymba
10-08 04:54 PM
You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.
Yeah question is what defines employment with them?
Yeah question is what defines employment with them?
thamizhan
07-18 10:47 AM
Another one...
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
http://www.sun-sentinel.com/sfl-flbgreencard0718nbjul18,0,1655633.story?coll=sofla _tab01_layout
http://flprogressive.blogspot.com/2007/07/now-this-is-news.html
gc28262
07-31 07:42 AM
This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
more...
gc_peshwa
10-11 02:13 AM
Thanx Rajeev!
Pappu
Does IV have a stand on this one?
Pappu
Does IV have a stand on this one?
misha
07-12 01:13 PM
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
Did anybody receive I-485 July Rejection Notice by mail?
more...
ivjobs
11-09 01:48 PM
Just to keep the ideas about entrepreneurship and the group activity floating at a central place, a file has been created in the group. Any one who feels their ideas, thoughts and proposals are worth and benefit the VI entrepreneur community, please add them below. The team will review them frequently and try to implement as many as feasible in the best interests of the IV and the group.
Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:
1. Create a Charter which describes our activities,what we want to do,
roles, responsibilities, How to address issues and conflicts among
members etc.
2. Establish a core team/board who will report to a chair and is
ultimately responsible for policies, actions etc.
3.Identify and assign responsibility to individual members
4.Clearly identify the chain of command (whose responsible for what
and who does final decision)
5. Also assign the charter/board to come up with a business plan, do
investment analysis etc for the group.
6. Chalk out any short term and long term initiatives such as
attracting and retaining folks, managing day to day affairs, sharing
the wealth of knowledge and profits.
7. Should we register a ivstartup.org domain?
its 9.99/yr at godaddy, so that we can move from an informal setup
like yahoo groups to a more formal setup...with our own forum and
all..
8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
cent/month) or 10$ life long membership....that will cover the cost
of hosting.
9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?
10. Create a shared repository for the all the startup related information specifically targeting IV audience.
Please add in your thoughts to the above or visit
http://finance.groups.yahoo.com/group/ivstartup/files/
Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:
1. Create a Charter which describes our activities,what we want to do,
roles, responsibilities, How to address issues and conflicts among
members etc.
2. Establish a core team/board who will report to a chair and is
ultimately responsible for policies, actions etc.
3.Identify and assign responsibility to individual members
4.Clearly identify the chain of command (whose responsible for what
and who does final decision)
5. Also assign the charter/board to come up with a business plan, do
investment analysis etc for the group.
6. Chalk out any short term and long term initiatives such as
attracting and retaining folks, managing day to day affairs, sharing
the wealth of knowledge and profits.
7. Should we register a ivstartup.org domain?
its 9.99/yr at godaddy, so that we can move from an informal setup
like yahoo groups to a more formal setup...with our own forum and
all..
8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
cent/month) or 10$ life long membership....that will cover the cost
of hosting.
9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?
10. Create a shared repository for the all the startup related information specifically targeting IV audience.
Please add in your thoughts to the above or visit
http://finance.groups.yahoo.com/group/ivstartup/files/
GCplease
06-07 02:51 PM
I have contributed $ 50.00 via paypal (Transaction Id - 1V177239G36459907)
As always, appreciate your efforts.
As always, appreciate your efforts.
more...
cygent
09-15 03:05 PM
EB3 I-140 is still March 30th, 2007, a whole year behind EB2. EB2 jumped from July 2007 to March 13th, 2008 UNBELIEVABLE :confused: Seems like they just want us to blow our brains out, or whatever little is left of it anyway... This is just so sick.
pmpforgc
04-08 12:09 AM
since it might be easy to pass PACE Act. We can try to attach all this amendments included in SJC/Frist bill along with Brownback amendment to be included for high skill legal immigration reform in the PACE act. PACE Act already has some immigration provisions which can be modified to included these amendements. It has big support from both sides and we are not attached to undocumented or agricultural workers there, so may not be that much oppostion except in house.
This is some thing to think about in this recess.
This is some thing to think about in this recess.
more...
cooldude0807
06-01 05:10 PM
I recd an RFE too even though i filed AC21 in feb. My lawyer sent the required docs & from May26th there has been a soft LUD everyday...the status says "Response to request for evidence received, and case processing has resumed". Also there is no RFE on my wife's case.
ftbakhru
06-18 03:07 PM
My experience is that interview dates for Nov won't show up until Oct.
more...
saibaba
10-01 11:28 AM
Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
go_guy123
10-23 02:02 PM
Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.
Yes very true....actually thanks to organizations like IV a lot of lawmakers now understand the EB backlog. There is not a major opposition to EB reform.
It is the CIR that is holding this back.
Yes very true....actually thanks to organizations like IV a lot of lawmakers now understand the EB backlog. There is not a major opposition to EB reform.
It is the CIR that is holding this back.
more...
andy garcia
08-23 07:00 AM
... 160 views until now and no one offered any help yet :o
please help :D
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
please help :D
Hi GCanyMinute;
The PD only shows on the Approval Notice of the I140 . The I485 does not show any PD.
thanks
andy
Phaedra
05-30 06:45 PM
Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
more...
krishmunn
03-04 12:28 PM
Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.
If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.
If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.
diptam
06-08 01:11 AM
rimzhim , Totally agree with ya ...
http://www.foxnews.com/story/0,2933,279213,00.html
http://www.foxnews.com/story/0,2933,279213,00.html
prdgl
07-07 09:56 PM
Very good, shabaash!!
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.
yes yes this is the one that brings bad name for H1B holders and not the above said things.
I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.
yes yes this is the one that brings bad name for H1B holders and not the above said things.
I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !
augustus
07-17 05:57 PM
I am overjoyed to the extent of tearing up!! I cannot thank IV and all the people who have made an effort at turning this table.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
sandiboy
08-15 03:16 PM
485 RD:6/29
485 ND:7/25
FP ND: 8/8
FP Date:9/4
Is this from NSC or TSC? When did you receive this in the mail?
485 ND:7/25
FP ND: 8/8
FP Date:9/4
Is this from NSC or TSC? When did you receive this in the mail?
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