snathan
04-20 10:19 AM
Normally the employer will thread like this. But they wont do anything because if they sue you, they have to spend lot of money then what you have to pay them. Just reply like this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
1. I am ready to face the law suit, I got my attorny and ready to take legal action and I know how to deal with you.
2. I give you this many XX days. Pay me or I am going to refer this case to DOL and DHS.
3. Definitely they will not do anything. Once you refer them to DOL and DHS they are screwed. DHS security will investigate this and if there is any violation of law, this employer can not do any H1 for any one and all their GC process would be in limbo.
Simply they can not afford to take legal action or face DHS. If I were you I would do whatever it takes to recover my money. I wont let them go without hard time.
Be bold and do this.
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Gravitation
04-22 11:51 AM
Non-compete are notoriously hard to implement. Most of the courts don't want to prevent people from earning a livelihood. When Microsoft sued its ex-employee who joined Google, it was a rare exception when any company even bothered to sue for a non-compete.
The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.
If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.
If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.
If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.
If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
imconfused
07-03 11:17 AM
trust me, everyone will write for 2 days more, then move on... i know that! agar kuch karna hi hotta to apna desh kahaan se kahaan pahunch gaya hotta... apne desh ko to badal nahi sakte idhar kya karengey? hehe
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
keep writing, let me also see how many of us can do this..
sab bol bacchan amitabh bachchan..
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mhtanim
02-03 09:59 PM
Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.
You are not the only one. My case is NSC-CSC-NSC and no FP yet.
You are not the only one. My case is NSC-CSC-NSC and no FP yet.
more...
mirage
03-08 10:23 PM
While your story is interesting, but I beg to differ again, because, immigration is not something which would be discussed in the Congress for the first time, if we are successfull in bringing something. Each and every single lawmaker in this country understand immigration to the extent that you may not even start to guess...People who oppose us have been putting their restrictive bills again and again so they are going to continue doing that despite of us do something or sleep, do you think Numbersusa wait for us to do something, their anti.... mill will keep churning.
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
Let me give you a story:
On one of my teams; there was a super star supervisor. He was accused of having inappropriate e-mails.
HR wanted him fired and opened up a big investigation. His manager comes to me and tells me that we have to do everything possible to save him as he is a very key person and irreplaceable.
I went upto HR with my boss to tell them that this particular person could not be fired under any circumstance and that we should let this indiscretion go.
They should be and my boss the e-mails. The e-mails basically were so male chaveunistic and racist. I probably had sent these types of funny jokes in my career and so had my boss and probably so have all of us. We didn't think it was a big deal when taken in context but we had to risk our own credibility and fight with HR to save him. In the process of doing so; we would have lost our credibility with the evidence against him. Even if we fought it; we would have still lost but it would have stained our reputation with HR area by trying to fight for this guy.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Take my example of adopting newphew. As I said this isn't the only case; when they start seeing that number of people from India is due to many causes (arranged marriage and adding dependents always from India after they arrive here; staffing companies, h-1b violations, etc, etc.,); the circumstances are not on your side. This is the fourth recession I am living through in this country. In just about each one; immigrants bore a dispropritanate share of blame for the countries ills.
desi3933
02-01 08:17 AM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not generating any salary and my consultant is not running my payroll ?
And if the H1 goes dormant then what can be done next?
Couple of questions here -
1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
a. your employment is terminated
AND
b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
gc28262
06-28 01:04 PM
Do a search on Dice with Citizen as the keyword. You will find lot of openings with Citizen and GC only requirement.
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Springflower
09-12 01:48 PM
I have received receipts for I-485/EAD/AP applications for me and my wife on September 10th, 2007. They came from CA service center (numbers start with: WAC).
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: 09/08/2007
Receipts received: 09/10/2007
--------------------------------------------------------------
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: 09/08/2007
Receipts received: 09/10/2007
--------------------------------------------------------------
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texanmom
12-17 05:29 PM
Like many many people have said before - the GC is not the end of the road. it is just a milestone. Life goes on, irrespective.
Try playing this game:
1. What if my GC is delayed by 10 yrs?
2. What if it is denied?
3. What if I have to go back to my home country?
What if, what if, what if....You will find that it is really not as bad as you think it is. The alternative solution may be much better, and make you much happier.
We have been here since 2001, had 4 GC processes started between me and my husband. The one with a PD of Dec 2005 (under Eb3!!) is the one we have used to get our EAD's. Yeah, its a long, long wait - but has that stopped us in any way?
1. My husband has a very good job and likes what he is doing- although he would like to cut down his travel.
2. I have a v.good and v.well paying job
3. We have 2 beautiful daughters - who are both American citizens by birth.
4. We have a beautiful home ( we bought a house 3yrs ago, irrespective of the fact that we were on a H1B)
5. We have fairly good savings, good US education, diverse & valuable work experience
6. A Canadian PR as a back-up
What I am trying to say is this - you cannot control USCIS/ DOL/ the FBI...but you can take charge of your destiny. Build a strong foundation for yourself and your family. Have a good back-up plan (or two!). Participate in activities that interest you. make a difference in others lives - educate a few children. Take care of an elderly person. Leave a legacy behind.
And have a good life! Stop worrying! Happiness will follow.
Cheers!
Try playing this game:
1. What if my GC is delayed by 10 yrs?
2. What if it is denied?
3. What if I have to go back to my home country?
What if, what if, what if....You will find that it is really not as bad as you think it is. The alternative solution may be much better, and make you much happier.
We have been here since 2001, had 4 GC processes started between me and my husband. The one with a PD of Dec 2005 (under Eb3!!) is the one we have used to get our EAD's. Yeah, its a long, long wait - but has that stopped us in any way?
1. My husband has a very good job and likes what he is doing- although he would like to cut down his travel.
2. I have a v.good and v.well paying job
3. We have 2 beautiful daughters - who are both American citizens by birth.
4. We have a beautiful home ( we bought a house 3yrs ago, irrespective of the fact that we were on a H1B)
5. We have fairly good savings, good US education, diverse & valuable work experience
6. A Canadian PR as a back-up
What I am trying to say is this - you cannot control USCIS/ DOL/ the FBI...but you can take charge of your destiny. Build a strong foundation for yourself and your family. Have a good back-up plan (or two!). Participate in activities that interest you. make a difference in others lives - educate a few children. Take care of an elderly person. Leave a legacy behind.
And have a good life! Stop worrying! Happiness will follow.
Cheers!
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Rohan99
10-09 12:58 PM
I am still waiting?
I called USCIS today morning, response was by end of this (oct)month they will complete all data entry for I-485. He told that last week they did lot of entries for July 2 and we should see the receipt number any time soon.
I called USCIS today morning, response was by end of this (oct)month they will complete all data entry for I-485. He told that last week they did lot of entries for July 2 and we should see the receipt number any time soon.
more...
acecupid
07-03 01:26 PM
This is great guys... I'm going to order the flowers right away. But make sure everyone signs off as 'Victim of revised visa bulletin', otherwise Mr. Gonzalez might think we are commending him for the good work. Make sure its clear that this message is in protest! :)
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waiting4_gc
10-08 08:50 PM
no RN no check cashed
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rajesh_kamisetty
07-04 08:05 PM
Mine reached on July 2nd 10:30 am. I really hope they don't send my application back... and slip in through this process hahahahaha
bibboy,
I appreciate your contribution to IV..
BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.
bibboy,
I appreciate your contribution to IV..
BHai log : when some of my friends called USCIS they said they are NOT going to return the Files FOR NOW , i dont know why and what for . SO if somebody receives the files (which i dont think is going to happen so quickly though) please let us know asap.
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chanduv23
02-18 02:36 PM
thanks kumar_459. Just one for today so far.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
more...
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desi3933
06-23 10:49 AM
I think -- may be.. it will make some difference.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
on uscis site: contact us: I got this email address.
uscis.webmaster@dhs.gov.
I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.
It will make a different if USCIS receives emails like this... in thousands?
Please note that it is employer's choice to continue GC processing or not. By not giving future open job offer letter, they may not be doing anything legally wrong. It is employer's choice to continue with GC or not. remember, Employer can cancel or revoke I-140 ANYTIME until I-485 is approved.
Employee is just a beneficiary and can not claim right to file I-485 just because I-140 is approved or pending.
Just my 2 cents.
Not a legal advice.
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sankap
07-10 04:43 PM
No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
more...
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indianabacklog
11-21 07:16 PM
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.
Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.
If nobody tells the USCIS then the wheels will continue to grind along anyway.
Just a thought.
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new2gc
09-03 11:48 AM
Yes, u r lawyer is right. It is fine to skip.
Thanks Chantu for the quick response.
Thanks Chantu for the quick response.
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babyblue
06-15 10:08 AM
We posted our 485 application to Texas service center on May 31st and on 6th June they mailed us the receipt number for me and my wife.
Checks were also cashed on 6th June.
Checks were also cashed on 6th June.
akhilmahajan
02-25 02:27 PM
Payment Sent (Unique Transaction ID #9SF61544AC045092G)
Original Transaction
Date Type Status Details Amount
Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Original Transaction
Date Type Status Details Amount
Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
sainwa
06-16 11:53 AM
Concurrent I-140/I-485: Yes
Mailed From State: CA
Mailed : June 11
Transferred to TSC: ?
140 approved : ?
Receipt Date : ?
Notice Date : ?
Mailed From State: CA
Mailed : June 11
Transferred to TSC: ?
140 approved : ?
Receipt Date : ?
Notice Date : ?
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