arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
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singhsa3
07-28 12:31 PM
Hello All,
Very interesting thread. instead of focusing on our mission of this forum we are focussing on all the ways to destroy it. Good work guys, keep it up!
Very interesting thread. instead of focusing on our mission of this forum we are focussing on all the ways to destroy it. Good work guys, keep it up!
feedfront
09-14 04:03 PM
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
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GCKaIntezar
02-09 07:36 PM
optimist578 optimist578 is offline
Member
Join Date: Oct 2006
Posts: 43
optimist578 is on a distinguished road
Default Want to join
I want to join the effort. I live in Union City (near Hoboken) but donot drive. Do you have any events planned in New York City or near Journal Sq or any place accessible by train?
email kamla345@yahoo.com
Varsha,
Please can you add Optimist to the list and send him/her email for the telecon?
Thanks!
Member
Join Date: Oct 2006
Posts: 43
optimist578 is on a distinguished road
Default Want to join
I want to join the effort. I live in Union City (near Hoboken) but donot drive. Do you have any events planned in New York City or near Journal Sq or any place accessible by train?
email kamla345@yahoo.com
Varsha,
Please can you add Optimist to the list and send him/her email for the telecon?
Thanks!
more...
dummgelauft
08-21 11:33 AM
Uscis has done nothing wrong.
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?
How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)
Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen
fromnaija
07-24 08:56 AM
We could pose this question to the USCIS Director today. He will be at Ask the White House at 4pm ET today. Pose your question at:
http://www.whitehouse.gov/ask
http://www.whitehouse.gov/ask
more...
pappu
01-10 06:27 PM
thank you very much
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Dhundhun
06-28 11:55 PM
Thank you Dhundhun.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
One of my friend's family got GC (friend's wife and son - approx 3 weeks after mail). But his medical records were lost in USCIS - got RFE to produce medical records. His GC got delayed by 6 months.
So looking at the way things are going on, have patience - now it may take some time, but it will come.
Just you have to see, what that RFE is for.
For some reason I thought the difference between Welcome Email and Card Ordered email is only couple of days.
One of my friend's family got GC (friend's wife and son - approx 3 weeks after mail). But his medical records were lost in USCIS - got RFE to produce medical records. His GC got delayed by 6 months.
So looking at the way things are going on, have patience - now it may take some time, but it will come.
Just you have to see, what that RFE is for.
more...
gcphul
04-09 12:05 AM
I got 9thh year visa Stamped in chennai in jan with no issus it was smooth.I returned to JFK in Mid Feb. IO just asked one question abt my job role.Thats it i am done.But for my wife he took finger prints. Database showing someone else name and Pic. He asked to go the seperate room. IO was re checking again in computer my wife name and pic showing passport and pic came on the computer. I asked IO that something officer he just said Finger prints mis-mathing and he said its not big deal, wait few more minutes I let u go. After few minutes 2 IO's discussed something which I couldnt hear, they said to u can go. I was scared little bit. It was smooth.
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jonty_11
12-13 10:39 AM
It would work even great if IV could post this on the homepage, and send emails to all members to send faxes to USCIS on say Dec 18th, at 12 noon EST.
Or are we on our own for this effort, which would mean the only way people will know about this effort is via this thread....At least we should open a new thread with a specific name so that it becomes obvious waht the purpose of that thread is.
Or are we on our own for this effort, which would mean the only way people will know about this effort is via this thread....At least we should open a new thread with a specific name so that it becomes obvious waht the purpose of that thread is.
more...
dotnetguru
04-07 12:23 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.
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map_boiler
07-05 05:30 PM
Guys, please contribute to IV. I just did today, and believe me, you will feel better for doing so...
This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
3) Get this matter the attention it deserves in the media
4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.
The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....
With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...
This is not just for you and me, but also for those who will come after us. Also, this is not a battle just to sue USCIS/DOS, but a war we need to fight on multiple fronts:
1) First and foremost, we the immigrant community need to join hands and fight as one cohesive group.
2) Sue the government agencies for damages/violation of law/precedents due to the revised visa bulletin
3) Get this matter the attention it deserves in the media
4) Try and get congress to intervene in this matter, and also introduce and pass legislation that will fix the broken employment based immigration system
5) Request corporate sponsorship. Since employers spent money on this fiasco as well, they will have a vested interest in pursuing this as well.
The main thing, however, is funds. IV needs funds to fight for us. Each of us has already spent 100's (many even 1000's) of $ trying to get ready to file our I-485's. So even if 10,000 members contribute just $100 each, it will be $1 mil. I am sure each of us can at least spare that much. It is a small price to pay for liberation from this GC mess for all of us....
With ~15,000 members already, and hopefully some serious $$$$$$ raised, IV will be a force to be reckoned with. No one will be able to treat us with such utter disdain ever again...
more...
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kaisersose
02-21 04:12 PM
I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
Even assuming hereafter no visa numbers will be wasted, It is not exactly FIFO for that to happen.
Consider this:
a) The Indian Applicant started back in 2003. In 2009 everything is done except assigning a visa number to this case.
b) There is a German Applicant who will start in 2008. In 2009 everything is done except assigning a visa number to this case.
The German will get a visa number assigned and a green card, but the Indian will not as he still has thousands ahead of him waiting for visa numbers.
Therefore 400K at 140K/ year is not how it works.
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acecupid
07-13 11:22 AM
And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.
You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.
I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)
You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.
I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)
more...
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sam_hoosier
01-18 04:52 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
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LostInGCProcess
01-16 05:50 PM
Excellent writeup...It was very interesting to read, since lot of us are in almost the same situation.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
more...
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pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
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perm2gc
01-10 12:12 PM
new forums and sites are here
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
any volunteers?
volunteers to post in those above listed forums or to search forums ?
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
any volunteers?
volunteers to post in those above listed forums or to search forums ?
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nagio
02-20 12:50 PM
Hi Vin,
I am willing to donate 13,194 Korean airline miles. I have PM'd you with details. I appreciate your help.
Thanks,
Naga
I am willing to donate 13,194 Korean airline miles. I have PM'd you with details. I appreciate your help.
Thanks,
Naga
va_dude
05-26 04:32 PM
carrying your gc is understandable, its just a card like your license.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
vagish
04-04 10:22 AM
You will notice that there is not a single provision here that protects the rights of H1B workers and saves them from exploitation.
There is not a single provision to punish employers who exploit H1Bs.
Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.
Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.
I am surprised that nobody is noticing this.
the laws are there , but only on the books, they don't fund them for enforcement.
Also some laws are very week and needs to be changed.
I think general american public is getting to know more about it as everyday
passess with immigration debate. I think in the future if they pass any law
it will come with heavy enforcement and also the provisions like hiking h1B and
green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .
There is not a single provision to punish employers who exploit H1Bs.
Even with other immigration bills you will see there is not a single provision in these immigrtaion bills that punishes employers that hire illegal aliens. Thus all immigration laws being made never punish any US citizen breaking the law by employing an illegal alien or paying low salary or exploiting an H1B.
Even with the current law, have you seen how many employers have been punished for employing illegal aliens. Do you know the penalty for getting caught. It is a mere $500 and nothing else. And you will be surprised to know that not even 100 employers have been fined last year. And only 2 H1B employers were punished after being sued by employees. No H1B employer was caught and punished for exploiting any employee. The laws are being made to favor US employers and to punish immigrants.
I am surprised that nobody is noticing this.
the laws are there , but only on the books, they don't fund them for enforcement.
Also some laws are very week and needs to be changed.
I think general american public is getting to know more about it as everyday
passess with immigration debate. I think in the future if they pass any law
it will come with heavy enforcement and also the provisions like hiking h1B and
green card numbers, both will go hand in hand , there will be some controvercial provisions for both sides .