guru76
11-18 05:15 PM
Sent
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desi3933
07-08 10:22 AM
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
bestofall
11-17 03:32 PM
Sent the email to FL
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chanduv23
07-08 11:23 AM
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
more...
immig4me
02-28 09:08 AM
Good to see members coming forward with donations!
svg108
05-23 11:18 PM
Sent emails to all the senators in the list.
Nicely done Logiclife.
Thanks
-SG
Nicely done Logiclife.
Thanks
-SG
more...
asdcrajnet
02-01 08:14 PM
I guess you have decided after lots of thoughts so "all the best of luck". Do you have kids? what age group if you do? just curious
Wondering how they would adjust to the tests, languages, discipline etc etc
My son is 20 months old right now. I don't think he would have the slightest idea of how US is :) . He is going to enjoy the same education system which churned me out :)
When I went last time, I checked out the schools. They are not bad as I thought. All are improving. Since my son is a US citizen, he can easily come to US for college education.
Wondering how they would adjust to the tests, languages, discipline etc etc
My son is 20 months old right now. I don't think he would have the slightest idea of how US is :) . He is going to enjoy the same education system which churned me out :)
When I went last time, I checked out the schools. They are not bad as I thought. All are improving. Since my son is a US citizen, he can easily come to US for college education.
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jessie1981
06-12 12:08 PM
Usually it is a maximum of 2 weeks. NSC approved some in 2 days.
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
more...
PD_Dec2002
06-22 01:51 PM
>> "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
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
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
Right, my bad! I was not referring to the Employment Letter for GC job. I was referring to the Current Employment Letter which is not required as initial evidence. Should have clarified.
Thanks,
Jayant
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akhilmahajan
02-09 02:59 PM
Thanks a lot rvurady14 and jelo.
Grand Total - $443
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $443
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
more...
Suva
01-30 02:29 PM
I think the point raised by nousername is valid. Out of three people applying for fresh h1 only one gets it through lottery. H1 is only intended for fulltime job. After one fulltime job you can have multiple H1 for part time jobs. So if a person without a job offer is selected through lottery then it is unethical. It's not legal in H1 status without proper wage. So it is always desirable to apply H1 when you have a concrete job offer where the employer is willing to pay as soon as you apply for H1.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representation false?
People like you are the ones who are dividing the community.
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amitjoey
07-05 01:57 PM
i do not understand the fuss about it. why do we over react to it. Big law firms like FDBL ( fragmon) all said the lawsuit is not winnable no chance , DOS can change VB any time as per federal law. whats the use of all this??
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
we should find some way through congress, not just fighting USCIS for short term beneifts for EAD/AP's etc.
There might not be any use, and it might not work, but we have tried to get attention thru media, lobby congress and fight our way through. Law-suit is something that will bring a lot of media attention, and also AILF feels there are strong grounds, so why not?.
more...
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aquarianf
04-25 10:27 AM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
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tonyHK12
02-25 04:08 PM
Contributed another $50 (Transaction ID: 71P262761L0967946)
Tony, what is the deadline for raising the money?
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
Tony, what is the deadline for raising the money?
thanks indigokiwi. The deadline is end of March, but we would like a large amount of this raised much earlier, since it involves making reservations, booking appointments, for Eg. with the lobbyist.
We need to raise about $1000 everyday to meet the goal.
Adding this to post #236
Admins, some anti is going around giving reds to each post of volunteers and donors from 3 days.
more...
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TeddyKoochu
09-23 05:30 PM
Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?
Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.
Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.
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franklin
06-14 08:07 PM
Still haven't got mine yet. Attorney suggested another 2 more weeks. Doesn't sound like many (if ANY) have got their receipts yet. The only thing I've seen is that people who paid personally have seen their receipt numbers on cashed check images. This doesn't apply to those who didn't pay personally though.
Who are all still waiting for Receipt notices? please share your info
Here are my details
File on June 1 at NSC
I-140 approved by NSC
No Receipt notice
Checks not cashed yet,
Who are all still waiting for Receipt notices? please share your info
Here are my details
File on June 1 at NSC
I-140 approved by NSC
No Receipt notice
Checks not cashed yet,
more...
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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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trueguy
07-27 07:29 PM
I agree. If "vertical spillover" occurs again, the only benefit would go to EB3-ROW.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
It is very very difficult to convince anyone to overflow EB2 ROW -> EB3 ROW -> EB3 I (leaving EB2 I out of loop). (eventhough USCIS did it in past)
If someone tries to re-interprete, it will end up like:EB2 ROW -> EB3 ROW -> EB2I -> EB3 I, still no real benefit to EB3 I; only EB2 I will loose with some benefit to EB3 ROW.
Bottom line is, we need more visa numbers and that's what we need to campaign for. May it be recapture, or STEM exemption or anything else.
I am not saying this just because I am EB2, but these are the facts. Additionally, there is a big chance of new immigration law as soon as new president comes (likely some form of CIR) and we need to be prepared to have our agenda included in that; rather than splitting ourselves.
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
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Lisap
09-10 02:09 PM
I got that same LUD and my EAD arrived in the mail a couple of days later! Good Luck to you and I hope you receive it soon!!
rk07
09-26 01:44 PM
Hi ,
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.
Thanks
Venkat
Your case might have got transfered to CSC.
Thanks,
-rk.
I have filed to NSC on August 2nd. Reached the cenetr on August 3rd. I see that many plp filed after me got RN's..anyone else in the same situation as me.
Thanks
Venkat
Your case might have got transfered to CSC.
Thanks,
-rk.
babyblue
06-15 10:08 AM
We posted our 485 application to Texas service center on May 31st and on 6th June they mailed us the receipt number for me and my wife.
Checks were also cashed on 6th June.
Checks were also cashed on 6th June.
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