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  • venkatosizolon
    03-28 11:54 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.


    What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
    Thx




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  • software7
    05-27 11:54 AM
    Receipt Number: LINXXXXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    Following are the possibilities.

    1. Office might request for any documents required to process.
    2. INterview may be scheduled.
    Or can get request for another set of finger prints if 1st set is expired. ( Usually finger prints are valid for 15 months)
    or may be some other process. I am not sure.




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  • bestia
    11-09 02:18 AM
    Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
    He is yet to apply for my PERM.

    ...


    Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".

    And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.




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  • spec1968
    10-26 01:03 PM
    It is difficult to obatain approved vacation from my employer.
    Apartment from leaving the country and recapturing, are there any alternatives.

    Please advice



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  • LostInGCProcess
    10-24 01:18 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.

    It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
    I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.




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  • REQUIRE_GC
    11-09 03:12 PM
    It is July 23



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  • LostInGCProcess
    02-11 03:37 PM
    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?

    :D That's funny!!! Man!!! I couldn't stop my laughter after reading this post.

    Take it easy guys!!! :D




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  • chantu
    02-11 09:12 AM
    Is this firm based in NJ near Jersey City?

    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortious Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.



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  • nixstor
    02-09 07:10 PM
    I know that its a blog but that the tone of blog clearly says that they are very close. If I am not mistaken, their previous 50K was also recaptured from unused EB numbers.




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  • onthelines
    10-06 03:25 PM
    This is Incredible..Thanks IV for all the hard work.



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  • GCScrewed
    11-13 03:07 PM
    How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.

    Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:




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  • singhsa3
    08-19 08:03 AM
    Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.

    You are on 8th year of extension and this is a very stressful moment for you.
    IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.

    We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.

    If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.


    Hi,

    My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

    While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

    1. Have any of you been in this situation and had your case reopened and if so, how?

    2. Can I change my attorney in this situation and have him/her try to get the case reopened?

    Any advice would be much appreciated.

    Thanks.



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  • Sakthisagar
    04-29 09:48 AM
    I agree and appreciate whatever IV is doing to improve the situation of people who is on the immigration Path Employment or Family.

    But yesterday I was watching the media, none of the media even just marginally said about our EB immigration. back log. what steps IV has taken so far to get the media attention? it is very said media equating immigration = Illegal.

    Please work towards that too.




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  • arnet
    11-16 12:20 AM
    Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.

    Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.

    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A



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  • NikNikon
    August 14th, 2006, 11:01 PM
    D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

    Problem with H1 Employer [Archive] - Immigration Voice

    View Full Version : Problem with H1 Employer





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  • johnnymore
    03-18 04:12 PM
    Wow, thanks so much for the fast responses. You can see how confused I am....I was in the wrong forum. Thank you for the heads-up and the redirection to the proper forums.

    Much appreciated!!

    Johnny



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  • rbalaji5
    11-16 03:54 PM
    Thanks for the information.

    I heard that Mexico does not require any visa for the short-term trip. I doubt If I go by road, will they take my current i-94 at the border and give new i-94 while coming back.




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  • RNGC
    02-15 03:33 PM
    ^




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  • eb3_nepa
    10-06 03:46 PM
    If your I-485 EAD comes through you have to use that and not the F1 EAD.

    Where did you get this information from? Can you please show a source?




    lazycis
    01-15 12:16 PM
    Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).

    Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..

    Thanks!!

    Quite a few employers do not pay full salary while you are on the bench. It does not mean it's lawful.

    Here is the link to access the regulation in question
    http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=41788073114+1+1+0&WAISaction=retrieve

    Look at page 132.




    ubetman
    08-07 10:00 PM
    Thanks milind for your information...But mine is concurrent filing of both 140/485 application. when concurrent is says in USCIS, the application to be sent where the permanent job is offered which is mentioned in labor and I-140Thatswhy I am little confused...

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    current location state or permanent job offered state for concurrent filing of forms 140/485.. Any suggestions...thanks in advance



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