i4u
11-23 11:57 AM
Thank you for your inputs....However, not sure if it helps. I have to get my mother here - if not immediately, sometime in the near future. She has diabetes and almost every thing that happens medically, it can be related to diabetes technically! Which is why I have to have insurance.
On another note, I have a friend who is very close to a doctor - and I hear from my friend that many of the doctors help out (if they know them - outside of the office). Is this something anyone in this forum have experienced or heard?
On another note, I have a friend who is very close to a doctor - and I hear from my friend that many of the doctors help out (if they know them - outside of the office). Is this something anyone in this forum have experienced or heard?
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vejella
07-11 01:14 PM
They either have to reject the application or provide the receipt notice. Cannot hold the applications without any actions for long time.
This can reduce the impacted percentage to people from Retrogressed Country /Category ...
May be some thing we can ponder on ....
This can reduce the impacted percentage to people from Retrogressed Country /Category ...
May be some thing we can ponder on ....
dotnetguru
07-02 04:35 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....
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....
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Humhongekamyab
07-03 12:59 PM
That is right. There are people knowingly get into dirty deals with employers like
(1) Faking experience
(2) Working out per diems in percentages
(3) Changing job titles to suit their needs
(4) Most important - employee tries to do what he/she can to keep employer happy as the green card petition is filed - I have seen this - people I know do this - they lick the boots of their employer - get coworkers fired so that their jobs are secure - get personal in alomost everything with employer so that they feel secure and job satisfied - These are the people who come out anonymously and talk bad bad things about their employer because they know they are into a screwed up relationship - no pay hikes, employer cheating on perdiems - employer knows employee is ass kissing and talks sweet but exploits - employee knows that things are not going to be the same for a prollonged period - puts a false mask and blames organizations like IV for not doing anything - these are the folks who encourage employers to do what they want to do.
And the day these employees get their green cards, they will open they companies and will do the same thing to the new immigrants; and the circus will go on.
(1) Faking experience
(2) Working out per diems in percentages
(3) Changing job titles to suit their needs
(4) Most important - employee tries to do what he/she can to keep employer happy as the green card petition is filed - I have seen this - people I know do this - they lick the boots of their employer - get coworkers fired so that their jobs are secure - get personal in alomost everything with employer so that they feel secure and job satisfied - These are the people who come out anonymously and talk bad bad things about their employer because they know they are into a screwed up relationship - no pay hikes, employer cheating on perdiems - employer knows employee is ass kissing and talks sweet but exploits - employee knows that things are not going to be the same for a prollonged period - puts a false mask and blames organizations like IV for not doing anything - these are the folks who encourage employers to do what they want to do.
And the day these employees get their green cards, they will open they companies and will do the same thing to the new immigrants; and the circus will go on.
more...
anandrajesh
02-01 12:26 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
sanjay
08-19 03:01 PM
I don't have to tell anyone how I feel about my country-of-origin. Whatever I am, I am due to India.
One can take man of out India, but never India out of man.
__________________________________________________ _
Proud to be an Indian-American and Legal Immigrant.
One can take man of out India, but never India out of man -- Rightly said.
One can take man of out India, but never India out of man.
__________________________________________________ _
Proud to be an Indian-American and Legal Immigrant.
One can take man of out India, but never India out of man -- Rightly said.
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ashishgour
09-17 01:47 PM
Video started again...will keep updating..
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unitednations
03-31 11:55 AM
UN probably didn't realize that the officer id. was different. The id. being different is a good thing, it makes the likelihood of the IO not having noticed the old NOID higher.
I am sure you are under a lot of stress, and I feel your pain, but click on UN's profile and look at his old posts carefully, he knows what he is talking about.
Again, hope things work out in your favor, keep us posted.
The one that I am looking at the officer id is the same. Timeline is different from OP. Response was received end of February 2009; denial dated end of March 2009.
I am sure you are under a lot of stress, and I feel your pain, but click on UN's profile and look at his old posts carefully, he knows what he is talking about.
Again, hope things work out in your favor, keep us posted.
The one that I am looking at the officer id is the same. Timeline is different from OP. Response was received end of February 2009; denial dated end of March 2009.
more...
Maniaci
06-04 03:52 PM
Alright, now this one is a skin.... I hope...
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satishku_2000
05-24 05:33 PM
You can call Jose in Mexico and they ll deliver a passport in less than a week. ALL WE NEED IS TO REGISTER A LAWN MOWING FIRM and then BILL THE CLIENT at 100$/Hr for first designing the plan for the mowing on a computer and then getting a MEXICAN to do it for us. ...;-)
AM I BEING REVERSE RACIST? AM I BAD? I think its healthy to speak your mind out against opression based on RACE
Hope I did not offend any one ...I was just frustrated when I made my statements ..
AM I BEING REVERSE RACIST? AM I BAD? I think its healthy to speak your mind out against opression based on RACE
Hope I did not offend any one ...I was just frustrated when I made my statements ..
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chanduv23
03-13 09:37 AM
could you please post the link to it. I can't find it. thanks
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the April 2008 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.
Category India Most Other Countries
F1 22 February 2002 22 February 2002
FX 1 May 2002 1 May 2002
F2A 8 May 2003 8 May 2003
F2B 22 March 1999 22 March 1999
F3 22 May 2000 22 May 2000
F4 22 November 1996 22 July 1997
E1 Current Current
E2 1 December 2003 Current
E3 1 October 2001 1 July 2005
EX Unavailable Unavailable
EW 1 March 2002 1 March 2002
E4 Current Current
E4-Religious Current Current
Immigrant Visas
Cut-Off Dates for Immigrant Visas
We are pleased to announce the April 2008 cut-off dates for immigrant visas for individuals born in India and those born in most other countries.
To qualify for an appointment, an applicant's priority date (the date that the petition was filed) must fall before the cut-off date for the appropriate category.
The following numbers are derived from the Department of State's Visa Bulletin. If you have additional questions about cut-off dates and your case is being processed at the U.S. Consulate General in Mumbai, please e-mail us or call us at +91-22-2363-7407 between 2 and 4 p.m. IST.
Category India Most Other Countries
F1 22 February 2002 22 February 2002
FX 1 May 2002 1 May 2002
F2A 8 May 2003 8 May 2003
F2B 22 March 1999 22 March 1999
F3 22 May 2000 22 May 2000
F4 22 November 1996 22 July 1997
E1 Current Current
E2 1 December 2003 Current
E3 1 October 2001 1 July 2005
EX Unavailable Unavailable
EW 1 March 2002 1 March 2002
E4 Current Current
E4-Religious Current Current
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jp_blr
06-21 01:19 PM
Friends, any thoughts on the below questions..
Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time.
I have few more questions..
1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?
2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.
Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
So far, does it sound correct ? If not, please correct me..
If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.
Any thoughts?
Raj, Thanks for the reply. I am still looking out for the bride which is the reason it may take about a year or so.. So no chance of civil ceremony in a months time.
I have few more questions..
1) What does it really mean by withdrawing the I-485 ? Does it mean you withdraw only the 485 application and can reapply (just 485) it later when you are ready (when its current) ? Or does it mean the full GC process is cancelled, which means you have to start with your labor again at later point of time?
2) What are the real benefits of applying now for I-485 in my scenario? If I get married after the 485 is filed, it sounds like I am forced to anyway maintain my H1B till I get my spouse on H4. Also to apply for my spouse�s 485, my PD must be current at the time of filing. If not, then again I am forced to maintain my H1B till the dates become current.
Just to summarize, it sounds like I have to anyway maintain my H1B till I apply for my spouse�s 485.
So far, does it sound correct ? If not, please correct me..
If the above is correct, why not I apply for 485 after I get married ? Is that a bad idea ? I know I could save about 6 months to an year (may be more in some cases) if I apply before the marriage, but then I am taking the risk of getting approved 485 before my marriage.
Any thoughts?
more...
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kc_p21
12-09 09:29 AM
Bump!!
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langagadu
08-25 01:04 PM
I don't think this is related with EB immigration. admins please close this thread.
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GCAmigo
11-13 08:15 AM
None of the major news papers mention CIR on the Agenda for the current Lame Duck Session.. all they talk about is Spending bills, Bolton, Nuke deal with India etc...
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gc28262
04-27 10:01 AM
http://www.moneycontrol.com/india/news/business/dont-see-new-h1b-proposal-turning-intoact-nasscom/395009
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m306m
12-13 03:52 PM
Jazz,
As far as the fund drive is concerned I disagree that without the VB we would have not reached our goal We over 22.5K in 6 days. The VB provided a push but I am sure we could have collected the remaining 7.5K in 24 days.
Do you think the drive would have reached its original goal yesterday/early today without the January visa bulletin retrogressing us even further...?
I have my doubts about that... :)
And how far in the past would we need to retrogress to get another funding drive done...?
jazz
As far as the fund drive is concerned I disagree that without the VB we would have not reached our goal We over 22.5K in 6 days. The VB provided a push but I am sure we could have collected the remaining 7.5K in 24 days.
Do you think the drive would have reached its original goal yesterday/early today without the January visa bulletin retrogressing us even further...?
I have my doubts about that... :)
And how far in the past would we need to retrogress to get another funding drive done...?
jazz
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InTheMoment
10-27 12:47 PM
Congrats alterego !
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
Are you both physicians ? (the J-1's)
Looking at your RD reminds me of a friend of mine who has a I-485 RD of Dec 2004, but he is in EB3. Unfortunately his NameCheck was not clear even in the July 2007 fiasco, the reason he is still not green !
He and his wife recently sold their house and everything else and left their jobs and moved back to India! Enjoying themselves there while their I-485 application papers turn yellow !
You paid 68K for legal and immigration fees... that is steeep man ! I wonder how...
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aranya
07-03 10:40 AM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Sometimes the employee's hands are not clean either - they would have falsified the credentials and the employer takes advantage of that fact. The employee complains here that his employer is "blood-sucking" monster in human form.
As I said this happens sometimes, not all times, and certainly I am not suggesting all employers are good. So please dont flame me.
I support this discussion of how to get back at bad employers.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Sometimes the employee's hands are not clean either - they would have falsified the credentials and the employer takes advantage of that fact. The employee complains here that his employer is "blood-sucking" monster in human form.
As I said this happens sometimes, not all times, and certainly I am not suggesting all employers are good. So please dont flame me.
I support this discussion of how to get back at bad employers.
rangaswamy
07-11 01:15 PM
This is what my law firm says:
Please also note that in proceeding with filing the I-485 for the purposes of the lawsuit, you would be waiving your right to any refund of the filing fees for your case, as there is no guarantee that the USCIS will return filing fees. Should you have any questions about billing/pricing/credits, please contact our Customer Support department at 1-888XXXXX ext. 2, or customersupport@XXXXXXXXX.com.
They specifically talk about the USCIS filing fees and not their fees. they have assured me that they will only charge once for filing.
Please also note that in proceeding with filing the I-485 for the purposes of the lawsuit, you would be waiving your right to any refund of the filing fees for your case, as there is no guarantee that the USCIS will return filing fees. Should you have any questions about billing/pricing/credits, please contact our Customer Support department at 1-888XXXXX ext. 2, or customersupport@XXXXXXXXX.com.
They specifically talk about the USCIS filing fees and not their fees. they have assured me that they will only charge once for filing.
fromnaija
10-16 11:07 AM
Today 10/16/2007 there is another update. Why is USCIS looking at my old H1B approved in August 2003 for an employer I left in 2004? I am perplexed!
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
Again today there is an LUD (10/15/2007) on the below quoted H1B petition. What is going? The status remains approval notice sent, however.
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