saimrathi
07-09 04:13 PM
Originally Posted by Naveen
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Thanks Naveen for the initiative.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Thanks Naveen for the initiative.
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ganguteli
01-30 06:47 PM
This is plain simple illegal to secure H1B without a job. Period. There is no question of moral or ethical issues here.
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Please ask masaternyc to take up this cause and march to Washington DC for us. He can do this work along with his crusade on labor subs and get double the number of virgins. :D:D
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Please ask masaternyc to take up this cause and march to Washington DC for us. He can do this work along with his crusade on labor subs and get double the number of virgins. :D:D
ujjvalkoul
06-23 05:38 PM
Guys u can mark my words - there will be no relief for Hi Tech Workers, as the policy makers know, if not here we will find comparable jobs elsewhere, and wont make a noise.
It will come down to making a noise in a big way if we have to achieve our immigration goals. When illegals can take to the streets, c'mon we r legal and following the process (which is broken) and we want that process fixed. Is taht asking too much!
Gone are the days when immigrants were welcome in US, although everyone in US is an immigrant, we r the unlucky ones to have been caught in this wave of backlogs, anti-immigrationists and illegals.
It will come down to making a noise in a big way if we have to achieve our immigration goals. When illegals can take to the streets, c'mon we r legal and following the process (which is broken) and we want that process fixed. Is taht asking too much!
Gone are the days when immigrants were welcome in US, although everyone in US is an immigrant, we r the unlucky ones to have been caught in this wave of backlogs, anti-immigrationists and illegals.
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BharatPremi
03-28 11:12 AM
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
more...
Desertfox
05-23 04:34 PM
Sent email to 2+10 senators.
needhelp!
02-18 05:26 PM
I am sure everyone agrees that fixes are needed. I am sure everyone agrees that fixes won't come magically. But to stand up and work for it, Macaca once said "Something has to CLICK!".
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aniraj
02-03 03:37 PM
All the best to you. You must have thought & compared all the limitations.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
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kshitijnt
04-22 08:06 PM
I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.
employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.
employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.
Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.
Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.
I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:
1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.
2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.
3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.
more...
ksurjan
08-11 10:07 AM
Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.
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ski_dude12
08-27 01:36 PM
I really find it amusing how expectations change. Before getting GC it everyone was wishing for approval.
Now after approval, you are equating happiness to how your name appears on the card? Come on.. give me a break.
Look at the big picture that you have the GC approved. All these other things are trivial.
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
Now after approval, you are equating happiness to how your name appears on the card? Come on.. give me a break.
Look at the big picture that you have the GC approved. All these other things are trivial.
Hi All,
Me and my wife got our physical cards today. Buit the issue is my wife last name hasnt not been changed to my last name. It is still her maiden name. We have requested them while filing for I-485 with our marriage certificate.
We can still live with this but there SSn, Passport everything has been changed to my last name already. even has EAD card had my last name.
Any sugguestion as wat can be done. We r afraid were gettin our green card happiness will take a while now.
more...
iam4u4ever
09-29 04:31 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
By self employment I mean Starting a business of my own and working for it. ?
Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?
thanks
By self employment I mean Starting a business of my own and working for it. ?
Also what if ( a big if ) somebody has an already existing profit making business and wants to work for it ?
thanks
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lonedesi
05-23 08:20 AM
Sent emails to all senators as requested by IV
more...
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sina
09-02 10:51 AM
I got the card production email yesterday. My spouse already got the card, though I had applied both the cases together.
Receipt Date: July 30th.
Receipt Date: July 30th.
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iptel
05-24 07:22 PM
Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
more...
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Dhundhun
07-12 01:40 AM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.
It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.
So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.
It may be better for young graduates. If you have 15+ years experience better to explore more.
This is based on personal experiences.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
Canada has been lacking of much opportunity and your friends may not open hearted to welcome you there and create opportunity. Perhaps they themselves feel at risk - or really lack of opportunity. I have been Canada for execution of couple of projects in early nineties several times.
It seems that it is no longer true. My son has couple of friends there and now his friends are proactively discussing about opportunities.
So I feel that for job scenarios will be very much different for 15 years experienced persons, 10 years experienced persons, 5 years experienced persons and recently graduated persons.
It may be better for young graduates. If you have 15+ years experience better to explore more.
This is based on personal experiences.
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hiralal
09-09 09:10 PM
we get excited before and few days after the bulletin ...the fact is that iron is no longer hot ..no matter what we do now -- it is too late. democrats focussed on healthcare instead of immigration and are fighting a losing battle ..they will be too tired to do anything after that. for those in EB3 and those who are in EB2 (but not yet filed 485) ...all they can do is have a strong plan B ..make as much money as you can while the sun shines ..the odds of getting a GC is worse that winning a lottery (so might as well buy few tickets now and then !!).
the only slight hope is that since amnesty is as good as dead ..they may pass some sort of recapture (maybe to give additional boost to housing).
the only slight hope is that since amnesty is as good as dead ..they may pass some sort of recapture (maybe to give additional boost to housing).
more...
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h1bmajdoor
05-04 04:48 PM
Well said eager_immi. Getting GC and getting job and earning is not the only thing in life.
maybe not. but does prevent the things that life is worth living for.
imho coming to the US was the worst mistake of my life. it took me about 5 years to see through the lies that the system, the employers and other desis propogate regarding h1 and prospects in US.
you can't get fair treatment as long as you are on h1. that is why the others will not let you get out of h1.
maybe not. but does prevent the things that life is worth living for.
imho coming to the US was the worst mistake of my life. it took me about 5 years to see through the lies that the system, the employers and other desis propogate regarding h1 and prospects in US.
you can't get fair treatment as long as you are on h1. that is why the others will not let you get out of h1.
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zbd
10-29 07:43 PM
It depends on amendments. If there is no one, just after the president's signature. But the good thing about 90 days is, they can add/update things behind the seen.
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desi3933
06-26 09:04 AM
.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.
Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and
2. he/she MUST have applied for the job.
Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)
Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.
________________________
Not a legal advice.
US citizen of Indian origin
cygent
02-14 05:25 PM
Your transaction ID for this payment is: 37X0990761241871V.
Thanks everyone!
Thanks everyone!
newu77
08-17 04:57 PM
I-485 delivered at 10:25 on July 2, 2007 in LINCOLN, NE (NSC)
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
Signed by J BARRET.
I-140 approved from TSC
I-140 LUD on 07/28/2007
No receipts Yet.
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