desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
alias
08-18 01:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
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bigboy007
05-12 01:07 AM
the title of thread suggests the meaning of divided interests... i think we all are ignoring one thing, lets say for ex. the administration changes its tune and makes all dates current. Then is that going to solve our problems will every one get GC right away? I dont know for sure what is the rationale for dates movement either becoz of demand of USCIS or any further directives but one thing for sure... Till Numerical limits disappear ( either by allowing recapture or eliminating country limits) no light in sight... May be it Flower campaign by "EBX" when EBX gets retrogressed is good for words...
Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
more...
sandy_anand
02-18 02:41 PM
transaction ID for this payment is: 1V923300P24635823.
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
man-woman-and-gc
09-17 12:35 AM
Good Job Folks...keep the pledges coming.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.
Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...
For now..we are moving forward...and that's what counts at the end of the day.
more...
fetch_gc
09-05 11:39 AM
Hi Guys,
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
Self and Spouse 485/131/765 applications reached USCIS@NSC on July 16th,2007.
No signs of any receipt notices yet??
pls count me in.
NSC EB3 INDIA
(SUBST LABOR,NJ)
PD:APRIL, 2002
I-140 AD: OCTOBER,2005
I-485/131/765: Sent (arrived )on 07/16/2007
Notices??????
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greensignal
09-09 04:41 PM
:) Current Status: Card production ordered.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
more...
Lisap
08-26 05:10 PM
I mailed my 2nd application (1st one was mailed in late June my attorney filed too soon as I was not current in June) on Aug 14th and it was received at NSC on the morning of the 15th. I 140 filed at TSC and was approved in July 2006. No checks cashed and No Receipt as of yet....
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walking_dude
10-08 02:48 PM
Please donate $5000 to IV and they'll make it their top-most agenda
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
....
I would say IV should make PD based processing as the top most priority in their agenda. ...
more...
alex99
03-28 02:51 PM
It was mentioned in the Spread sheet:
Assuming 60% EB3, 35% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants
The above % is may not be correct...
It should be :
Assuming 45% EB3, 45% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants
Assuming 60% EB3, 35% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants
The above % is may not be correct...
It should be :
Assuming 45% EB3, 45% EB2, 3% EB4, 1% EB5 and rest EB1 category applicants
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abracadabra
07-06 09:15 PM
We are 33 people ready just you all should say GO. I can make a congregation 100 easily
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iluvgc
09-02 08:25 PM
What are the steps to be taken after receiving GC ?
wht do u want to do?
wht do u want to do?
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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.
more...
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ramus
07-07 12:05 PM
Hi,
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
Please join NC state
chapter if you have not yet. I am also talking to couple of members from Raleigh and we thinking to go and meet senator Burr if we get appointment. I will keep you in the loop. We can discuss this on our state chapter.
Thank you for your interest.
I live in Raleigh, NC and am willing to come to DC. I will try and check if any of my friends are interested.
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vbkris77
02-25 07:10 PM
Payment sent Ref# JB9BKH5W for $20.00
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mita
08-12 10:47 AM
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
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brit_gc
08-02 11:16 AM
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
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ddeka
08-11 11:05 PM
I just got an email (not magic though) about EAD renewal approval. It was paper filed on 14th June. Not sure if it is for 2 yrs or 1 yr with my priority date current.;)
ramaonline
02-12 03:08 AM
Make that 1700
Payment To Immigration Voice Completed ... -$25.00 USD
Payment To Immigration Voice Completed ... -$25.00 USD
hsingh82
09-10 09:23 PM
My sincere apologies for being harsh on IV members, I sincerely appreciate the efforts.
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
Good gesture rahulp!
I guess Oct bulletin (EB3 - I) got me going there...
I realize it's not fair to criticize when I am just sitting on the sidelines and not contributing to the cause.
Peace.
Good gesture rahulp!
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