sc3
08-14 02:57 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Are you on H1? OR are you a PR or USC??
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Are you on H1? OR are you a PR or USC??
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snathan
02-11 11:45 AM
applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
Also if above is true and you are not working for H1 employer then you are probably out of status......
Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
Also if above is true and you are not working for H1 employer then you are probably out of status......
Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
surabhi
09-16 10:21 PM
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
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485Mbe4001
06-29 03:57 PM
i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.
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lostinbeta
10-28 10:27 PM
HAHA, yeah, because they don't see your previous versions (unless you save your previous versions and keep them as examples)
swartzphotography
January 31st, 2008, 01:19 AM
well as mats was saying buy a used piece of equipment at a bargain and you can save some moola to get lenses tailored to what you want to do with the camera. My suggestion is an old canon rebel 300 d. I know it seems to be an old forgoten camera but it is still in my camera bag as my secondary camera. Yes it has limits in functionality over the xt or the xti. But i believe one can be bought on ebay for less than the sony cybershot is new. And it has all the features you will need for your class. Plus as i said get some good lenses. cameras come and go lenses are forever.
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loudobbs
10-17 02:52 PM
You can look at related fields for your job code on the O NETsite.
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
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Edison99
09-15 12:30 PM
Enjoy the freedom!
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
more...
smiledentist
06-14 01:45 PM
485 can be filed for future employment. So technically, your old company with one of the partners can file for 485, presuming no other technical flaws with ability to pay and other such stuff. Contact an attorney, but according to me, a strong possibility of filing with old company and then using AC21.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
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cpolisetti
03-31 03:56 PM
She was also available for Q&A earlier today on Washington Post. I am quoting one question and answer in particular. Probably she can help in more visibilty of our voice?
Here is the link for todays Q&A:
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.
I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?
Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.
Todays article:
Most See Visa Program as Severely Flawed
By S. Mitra Kalita
Washington Post Staff Writer
Friday, March 31, 2006; D01
Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.
They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.
Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.
But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.
Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.
Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.
At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.
Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.
Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."
In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.
"If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.
The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.
Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.
"Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."
Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.
It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.
Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."
Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.
Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.
Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.
His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Here is the link for todays Q&A:
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
Question from Washington, D.C.: Thank you for your informative article on a topic that needs more attention.
I'm trying to get an sense of the scope of the problem from the perspective of an H-1B visa holder. Just how long does it typically take professionals from India and China/Taiwan to get a green card through their employer these days? What disinsentives are there for employers, other than the risk that the green card may not be approved and their employee will have to return to their home country?
Answer from S. Mitra Kalita: Absent from much of this debate are the voices of H-1B holders themselves and I thank you for your question. I talked to someone who wouldn't allow himself to be quoted by name (so I did not use him in today's story) but this particular individual's story is one I hear often: He has been here for nine years, first on a student visa, then an H-1B. His employer applied for his green card in 2002 and he has been waiting four years because it is tied up in the backlog for labor certification. He said he is giving it six more months and if it doesn't come through, he's heading back to India. This stage is the one that a lot of observers agree where a worker risks being exploited. They are beholden to the employer because of the green card sponsorship (an H-1B visa can travel with a worker from one company to another, however) and cannot get promoted because that is technically a change in job classification -- and would require a new application. On the other hand, a lot of companies say that they know once someone gets a green card, they are out the door because suddenly they can start a company, go work for someone else, get promoted... Anyway, I could go on and on with background on this but instead I will post a story I did last summer on the green card backlog. Hang on.
Todays article:
Most See Visa Program as Severely Flawed
By S. Mitra Kalita
Washington Post Staff Writer
Friday, March 31, 2006; D01
Somewhere in the debate over immigration and the future of illegal workers, another, less-publicized fight is being waged over those who toil in air-conditioned offices, earn up to six-figure salaries and spend their days programming and punching code.
They are foreign workers who arrive on H-1B visas, mostly young men from India and China tapped for skilled jobs such as software engineers and systems analysts. Unlike seasonal guest workers who stay for about 10 months, H-1B workers stay as long as six years. By then, they must obtain a green card or go back home.
Yesterday, the House Judiciary Committee heard testimony for and against expanding the H-1B program. This week, the Senate Judiciary Committee approved legislation that would increase the H-1B cap to 115,000 from 65,000 and allow some foreign students to bypass the program altogether and immediately get sponsored for green cards, which allow immigrants to be permanent residents, free to live and work in the United States.
But underlying the arguments is a belief, even among the workers themselves, that the current H-1B program is severely flawed.
Opponents say the highly skilled foreign workers compete with and depress the wages of native-born Americans.
Supporters say foreign workers stimulate the economy, create more opportunities for their U.S. counterparts and prevent jobs from being outsourced overseas. The problem, they say, is the cumbersome process: Immigrants often spend six years as guest workers and then wait for green card sponsorship and approval.
At the House committee hearing yesterday, Stuart Anderson, executive director of the National Foundation for American Policy, a nonprofit research group, spoke in favor of raising the cap. Still, he said in an interview, the H-1B visa is far from ideal. "What you want to have is a system where people can get hired directly on green cards in 30 to 60 days," he said.
Economists seem divided on whether highly skilled immigrants depress wages for U.S. workers. In 2003, a study for the Federal Reserve Bank of Atlanta found no effect on salaries, with an average income for both H-1B and American computer programmers of $55,000.
Still, the study by Madeline Zavodny, now an economics professor at Agnes Scott College in Decatur, Ga., concluded "that unemployment was higher as a result of these H-1B workers."
In a working paper released this week, Harvard University economist George J. Borjas studied the wages of foreigners and native-born Americans with doctorates, concluding that the foreigners lowered the wages of competing workers by 3 to 4 percent. He said he suspected that his conclusion also measured the effects of H-1B visas.
"If there is a demand for engineers and no foreigners to take those jobs, salaries would shoot through the roof and make that very attractive for Americans," Borjas said.
The Institute of Electrical and Electronics Engineers-USA says H-1B salaries are lower. "Those who are here on H-1B visas are being worked as indentured servants. They are being paid $13,000 less in the engineering and science worlds," said Ralph W. Wyndrum Jr., president of the advocacy group for technical professionals, which favors green-card-based immigration, but only for exceptional candidates.
Wyndrum said the current system allows foreign skilled workers to "take jobs away from equally good American engineers and scientists." He based his statements about salary disparities on a December report by John Miano, a software engineer, who favors tighter immigration controls. Miano spoke at the House hearing and cited figures from the Occupational Employment Statistics program that show U.S. computer programmers earn an average $65,000 a year, compared with $52,000 for H-1B programmers.
"Is it really a guest-worker program since most people want to stay here? Miano said in an interview. "There is direct displacement of American workers."
Those who recruit and hire retort that a global economy mandates finding the best employees in the world, not just the United States. And because green-card caps are allocated equally among countries (India and China are backlogged, for example), the H-1B becomes the easiest way to hire foreigners.
It is not always easy. Last year, Razorsight Corp., a technology company with offices in Fairfax and Bangalore, India, tried to sponsor more H-1B visas -- but they already were exhausted for the year. Currently, the company has 12 H-1B workers on a U.S. staff of 100, earning $80,000 to $120,000 a year.
Charlie Thomas, Razorsight's chief executive, said the cap should be based on market demand. "It's absolutely essential for us to have access to a global talent," he said. "If your product isn't the best it can be with the best cost structure and development, then someone else will do it. And that someone else may not be a U.S.-based company."
Because H-1B holders can switch employers to sponsor their visas, some workers said they demand salary increases along the way. But once a company sponsors their green cards, workers say they don't expect to be promoted or given a raise.
Now some H-1B holders are watching to see how Congress treats the millions of immigrants who crossed the borders through stealthier means.
Sameer Chandra, 30, who lives in Fairfax and works as a systems analyst on an H-1B visa, said he is concerned that Congress might make it easier for immigrants who entered the U.S. illegally to get a green card than people like him. "What is the point of staying here legally?" he said.
His Houston-based company has sponsored his green card, and Chandra said he hopes it is processed quickly. If it is not, he said, he will return to India. "There's a lot of opportunities there in my country."
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
more...
natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
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designserve
09-04 01:08 PM
IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to
https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.
https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.
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willy007
10-19 09:22 AM
Is there a way to change from the previous employer's attorney to NO attorney at all and request all future correspondence sent directly to the applicant?
thanks.
thanks.
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bob2007
07-18 12:11 AM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
May I know the implications of this? What all are the possibilities ? Will they reject the application?
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bkam
01-31 03:15 AM
Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.
The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.
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tabletpc
05-28 12:02 PM
Thanks Ramba, Thats greatly appreciated.
In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???
Just want to make sure I analyze all pros/cons before making a decision.
Thanks ...
In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???
Just want to make sure I analyze all pros/cons before making a decision.
Thanks ...
more...
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indianindian2006
07-24 03:41 PM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.
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Hello_Hello
08-29 02:20 PM
That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
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burnt
04-07 03:44 PM
Does it in any way affect my Naturalization Application?
kuhelica2000
10-18 08:58 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
raysaikat
01-10 10:08 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
