eb3retro
06-06 07:37 PM
Or you are going to be more scared and let these suckers suck you out more? The reason I am skeptical is, time to time we IVians receive these kind of posts all of a sudden and they vanish all of a sudden too. People like american desi give you all a fantastic response and my frustration is not knowing if you guys follow it. This is america for godsake and there are laws protecting the employee from these so called bodyshoppers who almost dont exist anymore. Partly the reason is because these suckers played so much of illegal things in the past, such as writing ridiculous contracts and preying on people like you. I even wonder how come people sign these contracts even in these days. Please take up american desi's advice and stand up for yourself and show your vendor that you are not scared of these things. and last but not the least, for your sake and for other people who may fall for this trap to this vendor, please do report them to department of labor.
Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Bottom line - pls dont come here for a quick response. We treat questions posted by others seriously and give meaningful and sincere reply. And on your end, please do what needs to be done.
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
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inspectorfox
07-17 02:18 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
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sweet_jungle
09-24 03:12 PM
Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.
Think it through and good luck with your decision. Wish you the Best.
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
Think it through and good luck with your decision. Wish you the Best.
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
more...
sledge_hammer
05-14 04:21 PM
^_^_^_^_^
dpp
10-23 11:57 AM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
more...
rockets12345
10-30 12:36 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
Thanks
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gcformeornot
08-09 09:08 PM
It has nothing to do with EB Immigration
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nk2006
04-03 07:16 PM
I am not sure if we are still updating the document to cite more examples. If so one another good candidate: Jeong H. Kim, President of Bell Laboratories. One of the most influential Asian American Technologist/Enterpreuner. http://www.achievement.org/autodoc/page/kim1bio-1
http://www.lucent.com/corpinfo/bios/kim.html
I am sure we can give many more examples (I can think of a few immediately in my area, Pradeep Sandhu founder of Juniper which employes thousands now; Desh Deshpande who co-founded Cascade/Sycamore etc; Hassan Mohammad, CEO of Sonus; Arun Netravali, former president of Bell Labs; Krish Prabhu, CEO of Telllabs etc.etc.etc.etc.)
http://www.lucent.com/corpinfo/bios/kim.html
I am sure we can give many more examples (I can think of a few immediately in my area, Pradeep Sandhu founder of Juniper which employes thousands now; Desh Deshpande who co-founded Cascade/Sycamore etc; Hassan Mohammad, CEO of Sonus; Arun Netravali, former president of Bell Labs; Krish Prabhu, CEO of Telllabs etc.etc.etc.etc.)
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desi3933
09-05 05:13 PM
I would recommend LLC, as then you have limited liability. You can actually register it using legalzoom for a price much cheaper than CPA. In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
more...
babu123
07-16 05:56 PM
oh man!! Still not resolved. Have to see how it goes
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GC08
01-28 04:16 PM
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
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lkapildev
11-13 04:21 PM
You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
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Jerrome
02-20 05:47 PM
This will definitly help guys if they see some number crunching like the one i see below.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571
You can also Quote this in the home page of IV for people to see.
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kartikiran
11-09 05:21 PM
Done.
I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.
Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.
Only reason, I am not sure where my life would end without knowing an answer to my green card application.
I think this is a key point which is missing in the survey.
I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.
Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.
Only reason, I am not sure where my life would end without knowing an answer to my green card application.
I think this is a key point which is missing in the survey.
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nomorelogins
11-08 03:18 PM
The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
I agree. given that they process close to 600K green cards per year, we should all be current by this report.
If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.
I agree. given that they process close to 600K green cards per year, we should all be current by this report.
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GCAmigo
01-02 03:20 PM
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
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thomachan72
05-10 09:42 AM
I am curious to know if people are sending amounts >20K by wire transfer to India or other countries from the US. People who do that regularly or have done that in past, have you encountered any problems? Wire transfers are directly informed by the bank to the IRS and you do not have to do it personally right?
Comments from those who have done this before is appreciated.
Comments from those who have done this before is appreciated.
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MONCYS
02-16 08:52 AM
I am in eb2 india and wife from row.
I used the form for cross charging
http://www.immigration.com/fromtheagency/tsc82705.html
I used the form for cross charging
http://www.immigration.com/fromtheagency/tsc82705.html
sanjeev_2004
10-02 09:54 AM
Me-:(
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
maine_gc
04-20 10:41 AM
Hi,
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
My in-laws came to US last Firday along with my kid who is a US citizen.
Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.
What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..
Any help is appreciated
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