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indio0617
09-21 04:53 PM
Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.
Wouldn't it make sense to lobby for an interim EAD in following cases:
1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?
Not sure if this issue has been debated before.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
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miguy
04-18 08:37 AM
Are companies hiring people on H1b for permanent jobs? I seem to have a tough time finding companies that sponsor H1b. I thought the Big 5 Consulting firms did not sponsor H1b or GC? But, it seems from this post that I was wrong. Can someone tell me what companies (Fortune 500) companies sponsor H1b/GC or is there a list I can get from somewhere.
thanks,
thanks,
gc_75
07-17 04:45 PM
Here is the link:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
Please refer to following para about July bulletin:
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
Please refer to following para about July bulletin:
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
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newuser
07-22 08:00 PM
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09-14 03:38 PM
DC ad..........on radio now
imneedy
02-05 10:12 AM
Shahuja and Raju,
thanks for your reply, let's hope you get them soon.
thanks for your reply, let's hope you get them soon.
more...
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sledge_hammer
04-15 10:58 AM
Your employer did not put a gun to your head and told you to fake your resume. You wanted a quick way to get into a job and you knew what you were doing.
Like someone else here has commented, you both deserve to pay the price for what you have done!
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Like someone else here has commented, you both deserve to pay the price for what you have done!
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
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gccovet
11-17 07:57 AM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
more...
gc_lover
06-20 08:30 AM
Friends
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
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reddymjm
05-16 09:47 PM
What is MI phone list?
They are maintaining list of people who called and from where? My friends called from Michigan. So they said they added it to the Mi phone list.
They are maintaining list of people who called and from where? My friends called from Michigan. So they said they added it to the Mi phone list.
more...
jscris
July 15th, 2004, 12:39 PM
Excellent shot! Looks like they're ready to fly. Which lens?
Right now the temperature makes me happy to find anything I can shoot from the comfort of the car or close (heat indices over 100).
Right now the temperature makes me happy to find anything I can shoot from the comfort of the car or close (heat indices over 100).
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wandmaker
08-26 08:39 AM
Hi,
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?
Greatly appreciate your reponse.
Rgds,
Vani
Yes, It is possible - In fact, for one of my H1Bs, I never received the H1B receipt notice but received the approval notice on time.
For the best answer, you need to answer the below-
Did you pay the H1B fee?
To whom you have addressed the check to?
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?
Greatly appreciate your reponse.
Rgds,
Vani
Yes, It is possible - In fact, for one of my H1Bs, I never received the H1B receipt notice but received the approval notice on time.
For the best answer, you need to answer the below-
Did you pay the H1B fee?
To whom you have addressed the check to?
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pappu
07-01 08:21 PM
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
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RayP
12-08 03:13 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
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mani_r1
07-11 04:03 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
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08-09 11:25 AM
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http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/08/09/EDGOBIQ0KA1.DTL
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calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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jayleno
12-12 12:56 PM
If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
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jsb
05-10 10:25 PM
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.
wandmaker
06-19 07:08 AM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
Copy of your biometrics notice is enough in case of missing 485 receipt notices. And USCIS should be able to verify pending 485 with the A#.
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
Copy of your biometrics notice is enough in case of missing 485 receipt notices. And USCIS should be able to verify pending 485 with the A#.
aranya
07-03 10:26 AM
agree with amsgc regarding H1 "transfer"
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
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