Mayday
03-30 07:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
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mirage
08-13 05:07 PM
All the Congressman & senators have their Faxes listed Just google it..But Don't have fax for others..Please send this out guys...
AuntyDan
02-12 08:13 PM
I am in eb3 row, have a job waiting for me in the usa, but i am in england, Have a PD of june 06, am terrified that my job offer will be withdrawn if i dont make some progress soon. Have had job offer for 1 year this week.
Could EB3 row become current soon.??
You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)
Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):
My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.
IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.
IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)
So some (hopefully) practical advice:
1) If you can get an H-1B now then do so
2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.
3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!
HTH, GL.
Could EB3 row become current soon.??
You don't indicate what stage your application is in (LC/PERM, 140 etc.) Is there a reason your prospective employer has not applied for an H1-B so you can start work before you get a greencard? (This is what 99% of EB applicants have done.)
Assuming they can't or won't, to answer your specific question here is my opinion (FWIW I'm English, EB-3 ROW with a PD of May 2003, on my 8th year of H-1B employment in the USA.):
My guess is the odds are about 50/50 that some form of immigration reform will be passed by the US government "soon" that would positively affect EB3 ROW. The practical definition of "soon" in this case is by September 2007, which allows time for debate, compromise, Presidential wanking around and who knows what Kafka-esque delays in actually enacting the law.
IF this happened there is still no guarantee this change would be positive enough to entirely clear the backlog that so a PD of June 2006 might still not to become current by September 2007.
IF this doesn't happen there is practically 0 chance of any changes that would positively effect EB retrogression prior to March 2009. (After the new government is elected in November 2008 AND then convenes a new session AND then deals with more urgent business than immigration reform.)
So some (hopefully) practical advice:
1) If you can get an H-1B now then do so
2) If you can't get an H-1B start studying for a Masters NOW. This will help you in the long run even if you get your Greencard through EB-3 because higher degrees from the UK are very valued in the USA. And if there is no improvement in EB-3 you at least have a chance at EB-2.
3) If you have no family ties and just want to go someone in North America you would almost certainly be eligible for permanent Canadian residency. You can just go to their website and fill out a simple, points-based questionnaire online. Then you can always visit the Disneyland from Canada!
HTH, GL.
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rajuram
02-14 12:08 AM
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
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RadioactveChimp
05-30 11:53 PM
eh I don't think so, it's just gonna be cool. I was thinking maybe a "jean jacket" design or maybe the "inside" to make it look clear. Those are both pretty dumb.
desi485
02-18 04:06 PM
Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.
Ramba:
if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.
Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.
Ramba:
if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.
Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.
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whiteStallion
07-02 05:43 PM
[QUOTE=Humhongekamyab;259652]
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
QUOTE]
I think its 3 years from the event, that you have to file a complaint. If its past 3 years, you cannot file the complaint. The event may be such as you left the employer and your employer withheld your last paycheck(very common issue with desi consultants) in the name of covering your H1 expenses etc.
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
QUOTE]
I think its 3 years from the event, that you have to file a complaint. If its past 3 years, you cannot file the complaint. The event may be such as you left the employer and your employer withheld your last paycheck(very common issue with desi consultants) in the name of covering your H1 expenses etc.
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nraja
07-11 05:06 PM
Thanks for the mailing letter. I will forward the same message to my friends.
Thanks,
Raja
Thanks,
Raja
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nefrateedi
07-20 09:50 AM
i did the same, because i thought that what my lawyer wanted.
The only way to track tme money order is after 60 day from bying it. You can go to the post office and they will invistigated. it cost 5 dollars. They wont do it before 60 days. i went and asked.
That is true. It's a lot easier to track Western Union money orders as opposed to those that are issued by USPS.
The only way to track tme money order is after 60 day from bying it. You can go to the post office and they will invistigated. it cost 5 dollars. They wont do it before 60 days. i went and asked.
That is true. It's a lot easier to track Western Union money orders as opposed to those that are issued by USPS.
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arunmohan
05-25 03:35 PM
This bill is only for FB. IV has to give some direction on this bill so that we can push to include EB too in the bill.
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tinamatthew
07-18 03:27 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Have you ever had to stay at home AGAINST your wishes?
Have you ever wondered if all your technical skills would still be usable when you finally get that EAD?
Have you ever wondered if the employer would still want you after you been out of circulation for so many years?
Well.... if you have ever asked your selves these questions, then you may well as say I am ready to wait for that GC
I agree, let us fight for the overall improvement of the GC processing, BUT I say after Aug 17th
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
Have you ever had to stay at home AGAINST your wishes?
Have you ever wondered if all your technical skills would still be usable when you finally get that EAD?
Have you ever wondered if the employer would still want you after you been out of circulation for so many years?
Well.... if you have ever asked your selves these questions, then you may well as say I am ready to wait for that GC
I agree, let us fight for the overall improvement of the GC processing, BUT I say after Aug 17th
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Chiwere
08-11 02:41 PM
Done
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snathan
03-29 04:32 PM
If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done
If he is calling ICE...only the employees are going to get affected. As the employer is already on GC or USC, he will be slapped with fine. Nothing else. So the best option is DOL and not the ICE.
If he is calling ICE...only the employees are going to get affected. As the employer is already on GC or USC, he will be slapped with fine. Nothing else. So the best option is DOL and not the ICE.
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purplehazea
02-01 04:59 PM
Amazing, I think we are the most self critical group of human beings on this planet. Unwilling to acknowledge and boast of the right things we do and predisposed to criticising ourselves when things are not PERFECT.
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ronhira
01-11 12:51 PM
Pappu,
Why dont you organize a rally, we will contribute and be their for the rally. We need to do something ASAP. I humbly request you and other core members to organize a rally and pick one day for sending flowers to either white house or USCIS. Also we can balck out our personal information and send our transcripts as well.
Please organize a date, how about February14th, we will get more attention. Love for permanent residency, media will like the idea and broadcast it.
often i'm amazed by the knowledge of some of the posters here...... but more often i get a laugh out of stupid ideas that r thrown around...... for example u want something big.... want to send transcript..... blacking out the name...... if there is no name on the transcript..... how will anyone know if its genuine...... so u r still afraid of someone knowing u'r name... but u want to do something big....... that makes real sense...... if u know what i mean..... then u want someone else to do a rally....... r u going to come to the rally?..... how will u hide u'r personal information when u come for the rally....... maybe time to take out the Halloween nixon mask.... to protect the personal information/identity..... and for the hunger strike.... lets have someone with a nixon mask do hunger strike...... we could just say that its not me who is doing the hunger strike.... its president nixon doing hunger strike on my behalf....... great idea...... by far the best one ;)
Why dont you organize a rally, we will contribute and be their for the rally. We need to do something ASAP. I humbly request you and other core members to organize a rally and pick one day for sending flowers to either white house or USCIS. Also we can balck out our personal information and send our transcripts as well.
Please organize a date, how about February14th, we will get more attention. Love for permanent residency, media will like the idea and broadcast it.
often i'm amazed by the knowledge of some of the posters here...... but more often i get a laugh out of stupid ideas that r thrown around...... for example u want something big.... want to send transcript..... blacking out the name...... if there is no name on the transcript..... how will anyone know if its genuine...... so u r still afraid of someone knowing u'r name... but u want to do something big....... that makes real sense...... if u know what i mean..... then u want someone else to do a rally....... r u going to come to the rally?..... how will u hide u'r personal information when u come for the rally....... maybe time to take out the Halloween nixon mask.... to protect the personal information/identity..... and for the hunger strike.... lets have someone with a nixon mask do hunger strike...... we could just say that its not me who is doing the hunger strike.... its president nixon doing hunger strike on my behalf....... great idea...... by far the best one ;)
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misanthrope
10-03 02:24 PM
Well, you supported gctest by saying that EB3 consultants work for sleazy, body-shopping companies which clearly implied that EB3 consultants are third class and sleazy. Why don't you just retract the original post of yours and the reds will disappear?
Here is what I wrote.
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.
I am sorry, I can live with reds but I will not be a conformist.:)
Here is what I wrote.
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
Tell me how did you deduce that I am saying that EB3 consultants work for sleazy, body-shopping companies and IMPLIED that they are third-class.
There is NO logical connection. It is actually YOU who is telling me that those consultants are third-class and that is visible in the quoted post above.
After this financial sector meltdown, many big brains may end up working for these sleazy firms to save their H1B, which is NOT wrong. It's again, the choices that you make. I am sure most of them would have other options too.
I am sorry, I can live with reds but I will not be a conformist.:)
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InTheMoment
01-08 06:12 PM
They have not wasted visa numbers in the past 3 years so you can cut that out !
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nitinboston
05-12 04:43 PM
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
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08-11 12:56 PM
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rimzhim
02-01 04:54 PM
Anti-immigrants can not be able to pick on this, because Retrogression will worsen all these things. Those people will continute to work with those desi consulting companys irrespective of the fact that they have GCs or not, because they cannot stand on their own feet.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.
485Mbe4001
07-20 11:28 AM
There is a R2i or return to india forum on msn groups. they have a finance thread that discusses the finanacial aspects of returning to india and other finance related issues. You will find all your answers there.
guys - i want to start a new forum on 401K ..
want to discuss what happens to people who have 401k contribution and want to go back to india
do we have to withdraw the 401K when we leave or can we withdraw it at a later date..
can some one start a new thread since i cannot figure out how.. thank you
guys - i want to start a new forum on 401K ..
want to discuss what happens to people who have 401k contribution and want to go back to india
do we have to withdraw the 401K when we leave or can we withdraw it at a later date..
can some one start a new thread since i cannot figure out how.. thank you