senthil1
01-30 02:26 PM
Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.
While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.
When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.
H1b will not go dorment untill you change to H4.
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
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mirage
07-07 11:30 AM
Please make a new thread with date time venue etc. With so much other things being discussed on this thread this thread is messed up. Please create a new thread may be with a poll .
Am in the bay area..
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
Am in the bay area..
Just reading this thread, so not sure if I can attend today.
Will surely attend the rally with my wife on July14th.
Just a thought..Why not request all our GC/citizen friends to also attend?
I will persuade all my friends to attend.
If not anything, they can see it as a nice stroll in the downtown.
-JK
amitga
02-04 10:57 PM
Anybody living in Windsor, Please let me know. I will be coming there pretty soon.
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vinnysuru
03-28 11:57 PM
Since you never got an H1-B stamped in your passport, you are not eligible for AVR (since there is no H1B visa to revalidate). You could do AVR for F-1 since you have that stamp but that is also NOT VIABLE any more because you are now not eligible/admissible for F-1.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
So your choices are:
1. Come back in with AP (safest)
2. Go for H1-B stamping (approved, you come in with H1-B/ denied you come in with AP)
Both have their Pros and Cons.
Good luck and PS: There have been few people who got RFE because of Canada Landing. When you get the RFE, you have to again prove your intent of immigrating to US. You can show that by a sworn affadavit of your intent to settle in US. Additional, you can show employment ties, property etc. etc. Like we need to show ties to home country before F-1 or other strictly non immigrant visa interview.
But most people who have landed in Canada have had no issues.
more...
ram04
04-20 05:48 PM
It is normal practice with all companys to do that with every change.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
vicks_don
04-21 09:50 AM
Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.
Has anyone done this more than 1 times?
How much % salary increase have you taken while changing jobs?
How different was your job description and profile?
What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
The answers for this questions would really help. Any one who has done this ?
Thanks
Has anyone done this more than 1 times?
How much % salary increase have you taken while changing jobs?
How different was your job description and profile?
What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?
The answers for this questions would really help. Any one who has done this ?
Thanks
more...
rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
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hiralal
05-08 05:36 PM
I guess country quota was an idea to make sure that nationals from one country don't become a voting bloc ..plain and simple ..and hence illegal immigration became such a hot topic since it seemed that mexicans would become a huge voting bloc ...
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senthil1
05-23 09:21 AM
If you are able to file gc why do you need this. Only future H1bs need to bother about the this restriction. Corporations or Compete America will lobby to remove H1b restrictions if that creates problem for them.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
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blackberry
08-27 09:52 AM
Bump..
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dtekkedil
07-10 05:33 PM
Now that we have generated interest and made more people aware of IV. The next thing is to do is to gather support for rallies.
For the next few days we need to spread the word about this campaign and get more people to join us. Spread the word around about the San Jose rally!
We have to make sure that this flower drive is especially talked about in and around San Jose.
For the next few days we need to spread the word about this campaign and get more people to join us. Spread the word around about the San Jose rally!
We have to make sure that this flower drive is especially talked about in and around San Jose.
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drirshad
05-06 01:00 AM
Chill out guys ..........
If u r frustrated try Viagra ......
If u r not frustrated good for u .........
If u r neither search for the nearest escort service .....
If u r frustrated try Viagra ......
If u r not frustrated good for u .........
If u r neither search for the nearest escort service .....
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sunnysharma
06-08 03:59 PM
mine file reached there today.
reddymjm , You can see your LIN/WAC # from your cleared check.
reddymjm , You can see your LIN/WAC # from your cleared check.
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senthil1
12-10 11:22 PM
This could be one side of story. There were other posts which was mentioning about some fake resumes given by some Indian consultancy companies. So all those are isolated cases and we cannot take into account. I am seeing lot of hard working Americans and Indians as well. Also a family person with 2 kids cannot spend 12 or 16 hours per day compared to Bachlors(Most of the Bachlors who are spending 12 to 16 hours are H1b persons). If assesment is done based on that then that does not make any sense. Then do you thinkyou need to fire more than 35 year Old people and recruit 25 year people That is not American way. This country for long time Top rankholders as well as school dropouts also could survive and Lead a decent quality of life. I knew lot of Indians most of them gc holders and some H1b also those who were just average in skills had tough time in getting job between 2000 to 2004 because of more number of H1B people and also economy was bad. So there is no surprise some Americans also might have similar situation. But past 2 years everybody I knew were able to get job and survive well. This is because of economy and also because of limited H1b. But Corporations are asking too much h1b(unlimited by 20% automatic increase every year and exemption for MS people). Certainly that will kill the demand in job market and bring down the rates. I think H1B increase should be compromise between demand and supply. Otherwise there is going to be huge opposition. Congress cannot only favor Business. But as a Senator they have to take care of all groups of people. There may be a possiblity that H1b increase may happen but EB relief may not happen not that much strong lobbey from Business compared to H1B. American companies lie Micosoft, Intel culd not get H1B people because Indian consultancy companies grabbed all the H1bs in first few weeks of April and May not because of numbers. So that is a differentind of problem
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
more...
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apahilaj
08-08 10:04 AM
Congrats!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
Usually there will be another message "Notice welcoming permanrent resident sent" . Then, after a few days there will be "Approval notice sent" , the physical approval notice goes to your attorney. You should receive the physical card within 7-10 days.
Thanks.
Actually i am in the same exact position as the OP and was wondering after approximately how many days, do we receive an approval notice sent email?
I got Notice welcoming new PR email on 8/5 and nothing after that.
Thanks and Good luck to all!
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diptam
06-22 01:41 PM
Pay stubs talk about CURRENT employment , not FUTURE...
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
more...
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thomachan72
05-23 06:54 AM
This is a letter that I sent to the compete america group
Dear Friend,
Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,
XXXX
XXXXX
XXXXX
Dear Friend,
Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,
XXXX
XXXXX
XXXXX
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reddymjm
06-09 05:29 AM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
I am not sure man. How long is your trip? If they sent a finger print notice while you are in India will you be able to come back. I woluld say complete finger prints and go..
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
I am not sure man. How long is your trip? If they sent a finger print notice while you are in India will you be able to come back. I woluld say complete finger prints and go..
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geesee
08-18 02:41 PM
Is it fair to have an EB2 person write - what "a" unfair system :eek:
greensignal
08-13 10:44 AM
Hi,
My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.
Generally how long does take to get the receipt notices?
Please let me know if any has filed around same date and received the receipts?
Thank you!
My employer filed my wife's and my EAD paper based application on Jul 25, 2008 (TSC Received Date). But I still haven't received the Receipt notices for the same.
Generally how long does take to get the receipt notices?
Please let me know if any has filed around same date and received the receipts?
Thank you!
newuser
05-23 12:14 PM
Are you using a webfax or a fax machine?
Thank you, finished emails.
Starting to fax now.
Thank you, finished emails.
Starting to fax now.
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