thepaew
02-19 04:26 PM
My point was that it doesn't matter. It represents $1000/ per person, hardly enough to make a dent in poverty. We need sensible labor laws, a pro-business attitude, and that money will return to India.
Dude, I am sure a lot of that money in these accounts belongs to the same "Railbay Meeneester' you are talking about..
:D
Dude, I am sure a lot of that money in these accounts belongs to the same "Railbay Meeneester' you are talking about..
:D
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yabadaba
10-19 08:02 AM
i think before that we need to see how many lcs were awarded each year
gc_maine2
05-16 12:43 PM
Thanks for you response apahilaj, I am also doing a paper file..
Can you please list the documents you have sent along with the I-765 Application form..
Thanks a lot.
Mine was paper file...
I sent mine and my wife's application in seperate packets via certified USPS mail.
Can you please list the documents you have sent along with the I-765 Application form..
Thanks a lot.
Mine was paper file...
I sent mine and my wife's application in seperate packets via certified USPS mail.
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jonty_11
09-19 11:28 AM
Illegals do that all thetime to get sanctuary
more...
subba
02-05 12:40 PM
I have the same case and per my lawyer they should stamp for both I797's.
We will only know when for sure when the consulate actually does that as usual :-)
We will only know when for sure when the consulate actually does that as usual :-)
gc_chahiye
12-26 11:09 AM
So you mean I should not even think of invoking AC21 EVEN after 180 days ?
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
go ahead and invoke AC-21, you are not necessarily going to run into the problems that poster faced (in fact based on anecdotes on Forums the AC-21 related denials by USCIS have gone down a lot since 2005, probably because of the yates memo that came out then calrifying all this). Try to stay on H1 as long as possible though (you dont HAVE to use EAD to invoke AC-21 and change jobs).
At the end of the day a lot depends on your luck. Some people get unlucky and end up with all this nonsense, some people end up getting caught in namecheck... they are both thankfully a small percentage of the cases, so dont let your career choices be decided by what USCIS might do. Take precautions where possible (staying on H1 etc) but do what you think is right for your career and family. The whole point of this AC-21 clause was to provide flexibility to the employee, make use of it.
P.S: I am also planning to invoke AC-21 to switch jobs.
more...
snathan
04-09 10:40 PM
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. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
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. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
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WAIT_FOR_EVER_GC
07-12 02:57 PM
Will it come today?
Tommorow or Thursday
Tommorow or Thursday
more...
horus
10-12 11:49 AM
Your status is in no way tied to the validity of your passport. Making I94 expire with passport is not legally justified. I know two friends who have I94s expiring beyond their passport expiration date. Also, last time I extended my H1B, the I94 they sent expired 11 months after my passport expiration.
But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.
If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...
A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...
Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.
If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...
A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...
Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
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rajeshalex
09-16 04:51 AM
Which consulate was this? What questions did they ask?
Did u show your paystubs?
Did u show your paystubs?
more...
omved
11-12 11:23 PM
From what i know, if you have an Indian Passport and a US Green card, the only countries you can travel to without any visitor/tourist visa requirements are India, USA, Canada, Bahamas, Dominican Republic and Mexico (Thanks to Sunny1000 for confirmation of Mexico and Dominican Republic)
Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?
Thanks.
Thanks for this useful information. But does visa non requirement is valid only when departing country is USA or this would remain correct for traveling from any international destination to above countries.
Thanks again..
Om
Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?
Thanks.
Thanks for this useful information. But does visa non requirement is valid only when departing country is USA or this would remain correct for traveling from any international destination to above countries.
Thanks again..
Om
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breddy2000
05-24 12:46 PM
Done!!! Great JOB GUYS....
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namm80
01-15 05:00 PM
Did any one whose I-485 was Xfr'd from NSC->CSC->NSC receive FP notice? If so, please list your city/state where FP is scheduled and if you opened a SR for FP.
In particular, i want to track folks from bay area, CA and those who didn't open SR.
Thanks!
In particular, i want to track folks from bay area, CA and those who didn't open SR.
Thanks!
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vnsriv
03-03 10:56 AM
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
more...
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HV000
03-06 06:34 PM
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
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ashkam
07-20 01:35 PM
Thanks very much for your advice.
Will try to get the affidavit asap.
I have to send the original of birth certificate or a copy will do?
Gclong
Copy.
Will try to get the affidavit asap.
I have to send the original of birth certificate or a copy will do?
Gclong
Copy.
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sanjeev_2004
08-27 03:20 PM
I want every one should get at least GC by tomorrow if not today.
............
..............
..........
My imagination seems unrealistic so now I thing it would be better If USCIS can finish all 485 receipts first and then start premium processing for EAD.
............
..............
..........
My imagination seems unrealistic so now I thing it would be better If USCIS can finish all 485 receipts first and then start premium processing for EAD.
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Onesimus
03-19 03:53 AM
Well, yeah. And I also found his other work (http://www.behance.net/Gallery/Desktop-Wallpapers/348801) (linked in his thread). :(
I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.
I asked "have you read the bible" on my design because if you did then you'll find this names familiar.
I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.
I asked "have you read the bible" on my design because if you did then you'll find this names familiar.
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Lou_Sifffer
04-17 11:59 AM
you have to know AS HTML PHP XML XSLT by heart and you have a Deadline
You do?
When did there become a minimum list of things you must know before you can get a job?
Where did this list come from?
You do?
When did there become a minimum list of things you must know before you can get a job?
Where did this list come from?
jmehta
05-24 01:46 PM
Done from MA
breddy2000
02-02 01:09 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
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