sanju
04-17 01:08 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I truly understand your position my friend and feel sorry to see you go though this.
Here is my suggestion -
Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.
I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I truly understand your position my friend and feel sorry to see you go though this.
Here is my suggestion -
Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.
I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.
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bobby
04-03 02:18 PM
see answers in CAPS:
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
signin241
07-24 09:15 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
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kubmilegaGC
09-14 06:58 PM
When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??
more...
H1bslave
06-27 02:28 PM
You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
paddy.
03-06 06:29 PM
I expect you all to vote for me. :evil:
I voted for mlkedave. :)
I voted for mlkedave. :)
more...
cooldude
08-03 10:32 PM
What about I-131. That is 7/1/2007. Its confusing
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justAnotherFile
07-11 09:18 PM
this is not a published article.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.
He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
so I guess it is ok.
more...
cheg
08-29 10:24 PM
If I were you I would just do paper-based application for I-765. I just checked the pdf file and it doesn't have any questions that one would have a hard time answering. Just fill it out and fed-ex it. :) That's what I will do once I keep on renewing my EAD.
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vikrantp
01-23 08:45 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
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LongJourny
01-20 06:10 PM
Hi,
I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.
I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance
I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.
I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance
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vin13
05-19 09:38 AM
That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.
I read a poem by V.Sundaram about our incompetent do nothing PM of India (
We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.
Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
I read a poem by V.Sundaram about our incompetent do nothing PM of India (
We have a ‘powerless’ Prime Minister
Who often declares
I know nothing about Spectrum Scam,
I do nothing about Spectrum Scam,
I do not know that I do nothing,
I do not want to know,
That I Know Nothing and Do Nothing,
I do not want to know,
That I do not want to do what I am not doing.
Why should I know anything,
When my supreme ‘Secular’ leader,
Omnipotent Omnipresent Omniscient,
Mother Superior Super Star
Anoints everything,
Announces everything,
Applauds everything,
Approves everything,
Knows everything,
Detects everything,
Directs everything ,
Does everything.
For you and me and all
Is she not EVERYTHING?
Pleads the Prime Minion Blue Turban :(
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
more...
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Dhundhun
06-03 03:19 PM
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
Thanks Thomas.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
Thanks Thomas.
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snathan
06-05 02:08 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
more...
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Pagal
09-07 11:58 AM
Hello,
Yes, I've seen similar situation with one of my friends...
Yes, I've seen similar situation with one of my friends...
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Alabaman
10-05 05:49 AM
The entry for the DV 2008 (aka Visa Lottery) commenced yesterday and would run until noon of Dec. 3. While some countries like India and China are not eligible to participate, it is important to point out some changes that might be indicative of what would happen per current immigration legislations.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
In the entry form, questions about educational qualifications and country of present residence have been included. These questions have never been asked in the 13 years the visa lottery has been running. I suspect this is anticipatory of the CIR (or some variations or portions of the CIR) being passed before the results of the lottery start to trickle out in April next year. If you all would recall, the dead CIR bill passed by the senate in May had provisions that the Visa Lottery should be modified to reserve 75% of the 55K visas to applicants with advanced degrees and it would be strategic to capture this data in advance in anticipation of legislative changes.
Now, while this is not good news in it self, it could however be that the Dept. of State knows or anticipates that the piece of legislation in question and indeed more immigration legislations would be passed after the November elections and more than likely, before April. I think this is a good pointer for us and we can't but wait to see how things unfold.
In the interim, you can visist http://www.dvlottery.state.gov/ to fill out an application if you are from an eligible country.
Goodluck.
more...
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singhsa3
08-01 12:30 PM
Good catch! Thank You.
No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...
It might also not look good when someone from IV calls the office and pronounces the name incorrectly...
Thanks..
No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...
It might also not look good when someone from IV calls the office and pronounces the name incorrectly...
Thanks..
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hsingh82
04-22 04:47 PM
You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.
Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?
Thanks!
Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?
Thanks!
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factoryman
06-19 06:03 PM
One or two.
I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
physician. Fees USD 200
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
physician. Fees USD 200
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
meridiani.planum
11-03 01:50 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.
P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
sorry to say but your employer is useless. by playing around with your H1 petition he is messing around with your legal status in the US. Since he has already proven himself untrustworthy, I would suggest you move on asap: find another job and transfer your H1. Since you already have a client, should be easier to get a transfer done. Also, do the transfer with premium processing even if you have to pay $1k out of your own pocket.
P.S: H1 is his own petition, you are just the beneficiary. You dont have a right to see the RFE and he does not have an obligation to share information about it with you. Thats the legal part. morally and ethically the way he is acting sucks.
rajpatelemail
11-07 07:05 PM
Another group with help of IV, to suck the blood by sponsoring H1s...
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
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