americandesi
07-27 01:32 PM
My PERM got approved on 07/23/2007 and my attorney is planning to file I-140 and I-485 concurrently by Aug 15, 2007.
I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.
Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.
We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.
I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following
(1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).
(2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)
(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)
Ours is a small company and doesn't have net income or net assets matching the proffered wage.
I was offered a wage less than the proffered wage till pay period 07/15/2007 and my employer revised my wage to match the proffered wage from pay period 07/31/2007. Hence I would be able to submit 2 paystubs for payperiods 07/31/2007 and 08/15/2007 with I-140 application, which shows that I am currently getting paid the proffered wage.
Please let me know if these 2 paystubs alone are sufficient to demonstrate ability to pay.
We wouldn't be able to submit the employers Quarterly Wage reports with the revised wage as the current quarter ends only on Sep 07.
I understand that USCIS will issue a direct denial without an RFE if the employer is unable to prove atleast one of the following
(1) Net income - The initial evidence reflects that the petitioner’s net income is equal to or greater than the proffered wage
- (Supporting Evidence : Tax Returns).
(2) Net current assets - The initial evidence reflects that the petitioner’s net current assets are equal to or greater than the proffered wage.
- (Supporting Evidence : Audited Financial statement)
(3) Employment of the beneficiary - The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
- (Supporting Evidence : Annual/Quarterly Wage reports, paystubs)
Ours is a small company and doesn't have net income or net assets matching the proffered wage.
wallpaper arnold schwarzenegger 2011. arnold schwarzenegger 2011
greenlight
02-18 02:07 PM
Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
gc28262
01-19 09:01 AM
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
You drafted this H1B law ?
The H1B was never meant to be used by Body shoppers.
You drafted this H1B law ?
2011 arnold schwarzenegger 2011. arnold schwarzenegger 2011
GC_1000Watt
01-09 12:18 AM
This shows that the backlog is more than the numbers on USCIS website. People need to stop wasting time on tracking and spend time in their office work. Backlog means more business money for lawyers and trackers. IV is very small. Unless IV had hundreds of thousands of members, they cannot do lobbying like AILA or Microsoft. EB3 India and now EB3ROW is in a pitiable state. All those EB3ROW who used to be happy will now see the reality. Thank god I ported to EB2 but the dates for EB2 do not move enough. I think anyone who can should port to EB2 ASAP. This is the only solution.
You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
more...
smsthss
09-17 11:32 AM
immigration thing being discussed
praky
08-04 09:10 PM
Thanks ak27... based on your suggestion, I have started enquiry on my case through congressman.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
more...
ElectricGrandpa
06-16 10:06 AM
Hey that is not fair, you shouldn't be able to change the background because you will earn votes for it and not for the iPod design... it interfeers.
You can change your background if they want too... mine took like 3 seconds to make. People know we're voting for skins, not backgrounds.
You can change your background if they want too... mine took like 3 seconds to make. People know we're voting for skins, not backgrounds.
2010 arnold schwarzenegger 2011
swamy
12-01 08:39 PM
Anyone wh0 has doubts on where big corporations stood on issues like VB fiasco need only look at this:
http://fdbl.com/resources/priorityfaqs.shtml
under Q11 pn chances of reversal, this is what they say "However, the probability of relief is remote and the form of relief is uncertain.
FRAGOMEN and the American Council on International Personnel (ACIP) will continue to work with the government at all levels for some kind of relief, but again the form of any potential relief is uncertain."
Why is the above important? Because it's a window into their mindset. Like any responsible corporate firm they wanted to sound a little empathetic but didn't want to give false hopes by saying a reversal was possible though they probably knew the outrage among potential filers who had been dealt a nasty blow below their belt. But VB disaster was one issue where there was not even the slightest doubt that what had happened was horribly wrong and cruel that even some cold-hearted anti-immigrants were confused for a day or two and didn't know what to say because they didn't want to pile on our heartache. The way CIS works had, like any bureacracy over time become a cold and heartless beast but since they deal mostly with non-citizens who have little rights and feel so unsecure and unwelcome in the first place to ever speak out, they were never going to know how their actions are wreaking havoc on their customers lives. So unless affected people come together and act they are never going to know how bad it sucks to be on this end of the divide. And ofcourse it's not all CIS - they are just an arm of the government carrying out the law. it's going to be next to impossible to do anything without congress stepping in. And while Fragomen is definitely not lying when they say they will work for some relief and probably are given that their partners often show up on congressional hearings, they won't lose sleep over it nor will their passion levels be anywhere near that of those who are directly at the receiving end of this current ugly messi.e iv and it's browsers. That's why it's critical that iv be heard - & not just through flower campaigns. ofcourse bringing together immigrants was always going to be like herding cats but it shouldn't be this hard. give money people!
http://fdbl.com/resources/priorityfaqs.shtml
under Q11 pn chances of reversal, this is what they say "However, the probability of relief is remote and the form of relief is uncertain.
FRAGOMEN and the American Council on International Personnel (ACIP) will continue to work with the government at all levels for some kind of relief, but again the form of any potential relief is uncertain."
Why is the above important? Because it's a window into their mindset. Like any responsible corporate firm they wanted to sound a little empathetic but didn't want to give false hopes by saying a reversal was possible though they probably knew the outrage among potential filers who had been dealt a nasty blow below their belt. But VB disaster was one issue where there was not even the slightest doubt that what had happened was horribly wrong and cruel that even some cold-hearted anti-immigrants were confused for a day or two and didn't know what to say because they didn't want to pile on our heartache. The way CIS works had, like any bureacracy over time become a cold and heartless beast but since they deal mostly with non-citizens who have little rights and feel so unsecure and unwelcome in the first place to ever speak out, they were never going to know how their actions are wreaking havoc on their customers lives. So unless affected people come together and act they are never going to know how bad it sucks to be on this end of the divide. And ofcourse it's not all CIS - they are just an arm of the government carrying out the law. it's going to be next to impossible to do anything without congress stepping in. And while Fragomen is definitely not lying when they say they will work for some relief and probably are given that their partners often show up on congressional hearings, they won't lose sleep over it nor will their passion levels be anywhere near that of those who are directly at the receiving end of this current ugly messi.e iv and it's browsers. That's why it's critical that iv be heard - & not just through flower campaigns. ofcourse bringing together immigrants was always going to be like herding cats but it shouldn't be this hard. give money people!
more...
gccovet
04-28 11:32 AM
Stuck(no more)intheMuck,
Nice compilation, thanks for doing this for all of us here.
Just a note( i am not trying to deter anybody or argue against your compilation) that by law all foreigners are required to carry their passport, how many of us follow that, on that note, I will not carry original with me at all. just my 0.02 cents.
Thanks again.
GCCovet
Nice compilation, thanks for doing this for all of us here.
Just a note( i am not trying to deter anybody or argue against your compilation) that by law all foreigners are required to carry their passport, how many of us follow that, on that note, I will not carry original with me at all. just my 0.02 cents.
Thanks again.
GCCovet
hair arnold schwarzenegger 2011. arnold schwarzenegger 2011. damixt.
roseball
08-27 11:47 AM
Based on this poll, can somebody predict EB3-I movement starting Oct'2008?
The dates moved from Apr'2001 to Nov'2001 last year when EB3-I didn't recieve any spillover. So what would be the movement when new year starts?
I am hoping atleast it will move forward and not backwards....
Dec 2001 is my guess. Hopefully, it will continue to move as the year progresses...
The dates moved from Apr'2001 to Nov'2001 last year when EB3-I didn't recieve any spillover. So what would be the movement when new year starts?
I am hoping atleast it will move forward and not backwards....
Dec 2001 is my guess. Hopefully, it will continue to move as the year progresses...
more...
concorde
03-10 03:03 AM
This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).
hot schwarzenegger photos 2011
Macaca
11-19 12:41 PM
In War on the Middle Class (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923) Lou Dobbs says H1B workers don't pay taxes.
However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare. Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.
In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).
Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
However, H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare. Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident. However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency.
In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others).
Indian techie slams CNN Lou Dobbs! (http://www.indiadaily.com/editorial/10-28a-04.asp) By N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
more...
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lazycis
10-19 09:13 AM
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h3828ih.t%20xt.pdf
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yetanotherguyinline
07-16 03:35 PM
Email sent.
Dear Sir or Madam:
I have been watching Lou Dobbs on CNN for a while and I am appalled by Mr Dobbs' hatred towards immigrants. He seems to twist or omit facts to suit his line of thought and at times states his opinion as absolute facts (most of which can be easily dis-proven by a 10 minute search on USCIS or dept of home land security websites). My friends and I are considering boycotting CNN if this sort of offensive programming goes on unchecked.
Regards,
Dear Sir or Madam:
I have been watching Lou Dobbs on CNN for a while and I am appalled by Mr Dobbs' hatred towards immigrants. He seems to twist or omit facts to suit his line of thought and at times states his opinion as absolute facts (most of which can be easily dis-proven by a 10 minute search on USCIS or dept of home land security websites). My friends and I are considering boycotting CNN if this sort of offensive programming goes on unchecked.
Regards,
more...
pictures tattoo arnold schwarzenegger 2011 arnold schwarzenegger 2011 photos.
Ahimsa
01-30 08:54 AM
I dont think companies are really geared to file for 140 within 45 days of labor approval...
The condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee.
There is no time limit set to file I-140 for the employee for whom the LC was issued.
AILA opposes this 45 days condition on the premise that they can not find and recruit a person to apply LC substitution within 45 days.
Anyway it is good to see majority of the "LC-jumpers" will be stopped.
The condition is not for "to file 140 within 45 days of labor approval"
But it is for the company to substitute the LC for some other employee.
There is no time limit set to file I-140 for the employee for whom the LC was issued.
AILA opposes this 45 days condition on the premise that they can not find and recruit a person to apply LC substitution within 45 days.
Anyway it is good to see majority of the "LC-jumpers" will be stopped.
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Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
more...
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svkrishna
01-31 02:22 AM
Hi Prashantc
We( H1b Extension for 3 time and H4 for my wife)appeared for an interview on Jan 17th. Yet to receive passports.
Cancelled my tickets already.
Based on your case, if they ask us the documents after 16 odd days.. I would say I am doomed. My employer( Not consulting company) might create problems.
Good luck to you bro
Vamsi
We( H1b Extension for 3 time and H4 for my wife)appeared for an interview on Jan 17th. Yet to receive passports.
Cancelled my tickets already.
Based on your case, if they ask us the documents after 16 odd days.. I would say I am doomed. My employer( Not consulting company) might create problems.
Good luck to you bro
Vamsi
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GCard_Dream
01-31 12:57 PM
This is a subscription page. If anyone has access to this story, can you please post the whole story. Thanks.
Rumor of the Day: Is the Regulation Eliminating Substitutions Imminent?
There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.
It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx
Rumor of the Day: Is the Regulation Eliminating Substitutions Imminent?
There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.
It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx
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NKR
10-03 10:46 AM
US law offers student 1 year OPT to gain experience and find employment.
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi� I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
gcisadawg
04-09 01:51 PM
We received the RFE for the Td vaccine that was missed somehow by Concentra. But since she is nursing now, we were able to get a blanket Waiver for her.
Sameet,
I know it is a weird question. But I'd still go ahead and ask it.
What documents that USCIS expects for a scenario like this?
My situation: My wife still hasn't weaned off nursing completely.
My child is 1 year 3 months old. My wife got an RFE for TB test.
Plus she is in India currently.
Would sending the birth certificate of child be enough to prove the existence of 1 yr 3 month old child? OR would USCIS requires doctors's input also? OR do they require anything else to prove baby is still being nursed.?
Thansk for your response,
GCisaDawg
Sameet,
I know it is a weird question. But I'd still go ahead and ask it.
What documents that USCIS expects for a scenario like this?
My situation: My wife still hasn't weaned off nursing completely.
My child is 1 year 3 months old. My wife got an RFE for TB test.
Plus she is in India currently.
Would sending the birth certificate of child be enough to prove the existence of 1 yr 3 month old child? OR would USCIS requires doctors's input also? OR do they require anything else to prove baby is still being nursed.?
Thansk for your response,
GCisaDawg
Marphad
01-11 01:17 PM
often i'm amazed by the knowledge of some of the posters here...... but more often i get a laugh out of stupid ideas that r thrown around...... for example u want something big.... want to send transcript..... blacking out the name...... if there is no name on the transcript..... how will anyone know if its genuine...... so u r still afraid of someone knowing u'r name... but u want to do something big....... that makes real sense...... if u know what i mean..... then u want someone else to do a rally....... r u going to come to the rally?..... how will u hide u'r personal information when u come for the rally....... maybe time to take out the Halloween nixon mask.... to protect the personal information/identity..... and for the hunger strike.... lets have someone with a nixon mask do hunger strike...... we could just say that its not me who is doing the hunger strike.... its president nixon doing hunger strike on my behalf....... great idea...... by far the best one ;)
There was a user with nick name "Sanju". You sound a lot like him...
There was a user with nick name "Sanju". You sound a lot like him...
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