marco
09-21 01:30 PM
EAD to your home address, AP to your lawyer.
wallpaper Walt Disney
pointlesswait
05-31 09:54 AM
in that case it ...we should have a wall of shame section & tag members...;)
but the point is how much of micromanagement can u do on a "free" forum!
anyway..
HateIV was an extreme case..
What happens to an employee at any company who has done something positive but has been caught abusing his colleagues a few times. He gets warned by HR first and then gets fired right.
We have lot of things to focus on to get relief for our community and there is no reason to tolerate this behaviour towards fellow members.
but the point is how much of micromanagement can u do on a "free" forum!
anyway..
HateIV was an extreme case..
What happens to an employee at any company who has done something positive but has been caught abusing his colleagues a few times. He gets warned by HR first and then gets fired right.
We have lot of things to focus on to get relief for our community and there is no reason to tolerate this behaviour towards fellow members.
BharatPremi
03-28 01:51 AM
Please bump this up
2011 The quot;Dreams Come True - Art of
nixstor
01-23 09:31 PM
Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?
H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.
I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?
Well, I am gonna give it a shot by going for PP and hope the H4 extension is approved as well along with 129. I will do that only if H1 cannot be filed for when a H4 application is pending. I am gonna check with some attorneys and will decide. The only catch is if you dont spend 2K or some thing you might lose 50/60K until oct 08 and time is of essence. Who wants to sit idle for so long?
H1B cap of 20K is for students with Masters Degree. If you have Masters Degree, you can file for H1 which will count against that cap. It has got nothing to do with job requirement.
more...
roseball
12-02 11:48 PM
How many copies of RFE do they send? i mean do they only send one RFE notice to Attorney or do they send one RFE notice to Attorney and a copy to employer?? Can somebody tell me..
Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
Only one copy is sent to the attorney.....If you applied under premium processing, USCIS faxes a copy to the attorney before mailing the RFE hardcopy....
zCool
04-10 08:26 AM
There are 2 separate issues here..
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.
I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,
Basiically don't be scared, don't get mad, get even..
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.
I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,
Basiically don't be scared, don't get mad, get even..
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
more...
santb1975
12-09 04:15 PM
I wonder why your lawyer is asking you to change the number of years. your hiring manager should be the one comming up with Job Description and Justification. May be he already has one and all you need to do is send it over to your lawyer
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
2010 Walt Disney: A Man of Visions
immique
06-13 08:26 PM
porting can be beneficial but attempt it only if you are 100% sure that it will succeed and talk to your lawyer before you do it and don't attempt to do it yourself. it will be a lengthy process with increased scrutiny. 3-4 months for labor and atleast 1 year for 140 processing and moreover DOL is making it tougher for EB2 with strict adherence to the rules and increased scrutiny. after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage. if any EB3 person has EAD, AP then it would be best to play it safe and stay with EB3 as you already have the benefits of EAD and AP. I know it would be much much better if you have a green card, but would you have it safe and sure or do you want to go through all the stress of refiling and preparing for all the problems in the process? it should be ones own personal choice. moreover I am hopeful that things will move favorably after the elections with the immigration reform and might result in some relief for all EB categories
more...
ragz4u
02-28 12:33 PM
Great to see that things are moving in DC at just the right time.
Also note to all the readers. I hope people realize that all the folks who are in DC right now (from Florida, NJ and other places) have
1) Paid for their trip at their personal expense
2) Are staying at hotels at their personal expense
3) Taken days off from work at personal expense
4) Paid for Rental Car/meals at personal expense
We are running short of funds and there is only so much the core volunteers can contribute (monetarily as well as timewise). Each of us have an equal stake in the outcome of what we are trying. Please consider contributing to Immigration Voice. If you have already contributed once, we urge you to please do so again. Also try and rope in your friends who are in the same boat.
Also note to all the readers. I hope people realize that all the folks who are in DC right now (from Florida, NJ and other places) have
1) Paid for their trip at their personal expense
2) Are staying at hotels at their personal expense
3) Taken days off from work at personal expense
4) Paid for Rental Car/meals at personal expense
We are running short of funds and there is only so much the core volunteers can contribute (monetarily as well as timewise). Each of us have an equal stake in the outcome of what we are trying. Please consider contributing to Immigration Voice. If you have already contributed once, we urge you to please do so again. Also try and rope in your friends who are in the same boat.
hair Walt Disney
felix31
07-01 05:38 PM
friends,
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
more...
wandmaker
12-04 01:02 AM
delhirocks:
a) I140 is aproved: 3 year extension
b) I140 filed but pending: 1 year extension, co-worker of mine has requested for 3 year extension after filing 140; his h1 got approved for 3 years.
a) I140 is aproved: 3 year extension
b) I140 filed but pending: 1 year extension, co-worker of mine has requested for 3 year extension after filing 140; his h1 got approved for 3 years.
hot Walt Disney
vgayalu
08-20 01:34 PM
I filed on June 29. Reached on July 2
Signed by Bermeyer.
No receipts are received and no checks are cashed.
Signed by Bermeyer.
No receipts are received and no checks are cashed.
more...
house Dreams Come True 2012
looivy
01-26 01:25 PM
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
IV shoudl push for this legislation.
IV shoudl push for this legislation.
tattoo ~Walt Disney. quot; #39;Ally.
gcformeornot
10-19 11:01 AM
Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.
any news in Good News. Now with 480,000 less applications it even a better NEWS. But I aggree our efforts needs to continue towards reform. I believe even if they only change law regarding Counting Family members in Visa numbers. That will work very well for us.
any news in Good News. Now with 480,000 less applications it even a better NEWS. But I aggree our efforts needs to continue towards reform. I believe even if they only change law regarding Counting Family members in Visa numbers. That will work very well for us.
more...
pictures Walt Disney Quotes
ebizash
07-07 03:11 PM
Could you please explain this a bit. I am not sure if I am understanding this right.
.
My attorney prepared the EVL for my employer to sign. I have handed that over to my boss who has sent it to HR for review. This letter has lot of legal lingo and information related to my LCA and I-140 e.g.,
"We acknowledge that, according to the Immigration and Nationality Act (8 U.S.C. �1154 and 8 U.S.C. �1182(a)(5)(A)), ............"
"We acknowledge that <my name>'s immigration petition filed on <I-140 filing date> listed his job title as <my LCA job title> and <my name>'s current position is in same or similar profession...."
So my concern is why would any employer sign this letter without knowing anything about my LCA, I-140 etc (I had changed job about 240 days after 485 filing). So my current employer may have issues signing this letter.
But my attorney insists that this letter (in same format) needs to be signed in order to respond to the RFE. My thinking is that all this lingo and stuff related to LCA can be eliminated from the letter so that my employer is more comfortable signing it.
.
My attorney prepared the EVL for my employer to sign. I have handed that over to my boss who has sent it to HR for review. This letter has lot of legal lingo and information related to my LCA and I-140 e.g.,
"We acknowledge that, according to the Immigration and Nationality Act (8 U.S.C. �1154 and 8 U.S.C. �1182(a)(5)(A)), ............"
"We acknowledge that <my name>'s immigration petition filed on <I-140 filing date> listed his job title as <my LCA job title> and <my name>'s current position is in same or similar profession...."
So my concern is why would any employer sign this letter without knowing anything about my LCA, I-140 etc (I had changed job about 240 days after 485 filing). So my current employer may have issues signing this letter.
But my attorney insists that this letter (in same format) needs to be signed in order to respond to the RFE. My thinking is that all this lingo and stuff related to LCA can be eliminated from the letter so that my employer is more comfortable signing it.
dresses Walt Disney has the perfect
rajubuthi
08-17 11:42 AM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
more...
makeup Walt Disney is a perfect
rxsimha
03-17 05:03 PM
That is good idea to keep H1B status as much as possible. Use EAD when u have to use it.
Thanks
Thanks for the reply.
But consider the below scenarios.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
Thanks
Thanks for the reply.
But consider the below scenarios.
- A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).
- A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).
Not sure if my understanding is right here
girlfriend Help your dreams come true
ZigZag
07-12 06:32 PM
my PD is April 2006, so i guess i would need to wait 1 year to get the dates moving, since it would be quite a huge backlog clearing up
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
hairstyles Walt Disney, Rapunzel, Michael
ho_gaya_kaya_?
05-23 09:40 AM
What about if one comes back on AP and hence has to use EAD but also has a valid H1 approval ( but no stamping in the passport ) . Can they go back and use that H1 approval for stamping and come back on H1 ? They are still working for the same company which sponsered the H1 and the GC
if you use AP- you dont have to use EAD- you can continue to use H1
and get it stamped the next time you go to consulate.
if you use AP- you dont have to use EAD- you can continue to use H1
and get it stamped the next time you go to consulate.
sixburgh
08-06 01:31 AM
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
See this link
US Consulate - Mumbai, India (http://www..com/immigration/us-consulate-mumbai.html)
Did you stay in nearby hotel to consulate? If yes please share name.
See this link
US Consulate - Mumbai, India (http://www..com/immigration/us-consulate-mumbai.html)
garybanz
08-17 02:41 PM
Could you please provide more information about changing employers after getting the green card. I have not used AC21 and do not intend to switch before the GC is approved.
Thanks.
Thanks.