a_paul1
04-02 08:41 PM
1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
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srinivasj
01-18 04:56 PM
i am ready to contribute...please count me in...
sj2273
12-23 03:13 PM
done!
Happy New Year everyone!
Happy New Year everyone!
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gcformeornot
07-02 07:53 AM
leave my indian employer soon. they are saying they have 90 days notice period.... which was set from india. I work in ohio which has "employment at will" law... I am not going to serve the full notice period..... but if they deduct any money..... I am going fight like hell.... planning to complain to DOL and state govt office......I will keep updated on what happens....
more...
vasa
04-07 02:59 PM
Here's My contribution
$100
Receipt ID: 4139-5498-9511-8679
$100
Receipt ID: 4139-5498-9511-8679
aspiration
06-13 10:34 AM
As of now there are more than 8000 views for this thread. If we just take that each of us might have visited this thread 50 times.. .That would still take us to 180 odd unique visitors...
and if you look the survey..JUST 90 Calls so far.. Why there is a disconnect here/??? because we postpone and don't do our part...
If efforts fails, it is only ourselves to blame.. Platform is set and try to atleast help by sparing 10 mins of your day... Take this matter to your heart and
JUST DO IT>>>>
and if you look the survey..JUST 90 Calls so far.. Why there is a disconnect here/??? because we postpone and don't do our part...
If efforts fails, it is only ourselves to blame.. Platform is set and try to atleast help by sparing 10 mins of your day... Take this matter to your heart and
JUST DO IT>>>>
more...
kushaljn
09-17 01:52 PM
Cant believe. Another ammendment to HR 6020 from Mr. Smith.
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mps
05-23 01:52 PM
Agree with you 100%
(note # I have been calling law-makers and would continue to do so until we reach a consensus)
(note # I have been calling law-makers and would continue to do so until we reach a consensus)
more...
jamesbond007
10-08 03:05 PM
There is a difference between H1B Visa/AP and I797/EAD.
The first one is a travel document. That is all it is good for.
The second one is for employability proof. That is all this one is good for.
Each one has some restrictions. As long as you are not violating any of the provisions under which you were issued a visa/AP/I797/EAD, they will be good.
So... if you are working on a H1 (I797), going out of the country and returning by using AP will not make you lose your H1 as long as you continue to work full time for the sponsoring company.
As far as the company is concerned, your work eligibility status is based on what you provide to them when you fill out the I9 form.
The first one is a travel document. That is all it is good for.
The second one is for employability proof. That is all this one is good for.
Each one has some restrictions. As long as you are not violating any of the provisions under which you were issued a visa/AP/I797/EAD, they will be good.
So... if you are working on a H1 (I797), going out of the country and returning by using AP will not make you lose your H1 as long as you continue to work full time for the sponsoring company.
As far as the company is concerned, your work eligibility status is based on what you provide to them when you fill out the I9 form.
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Steven_jd
06-12 11:15 AM
because I'm a green lover here's a greenish from me (-:
thats looks nice dude as we say in the other world (star wars)
may we part in peace
and may the forum be with you
nice post lol
thats looks nice dude as we say in the other world (star wars)
may we part in peace
and may the forum be with you
nice post lol
more...
shukla77
03-11 10:49 AM
But Mr Sanju you do use foul language towards other members.Sometimes your comments cause admin to close the thread. Remember the reponse you gave to Mirage for his post regarding calling senator for country cap. You need to show some control over your emotions and excitement.
And you dont have to respond to every single post with your EXPERT comments
I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.
.
And you dont have to respond to every single post with your EXPERT comments
I do not intend on posting something for anyone's wife/hisband and children because that is not who I am, but I want to make sure you enforce the same rules here as you enforced on me the other day.
.
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apt29
09-25 05:07 PM
those who are defending IV has more green dots coz, they are the ones who do all the volunteer work and involve actively.
get it! now can u rest for a while not ur case :-)
Got it. Point taken. btw good joke about case.
get it! now can u rest for a while not ur case :-)
Got it. Point taken. btw good joke about case.
more...
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apple
06-11 09:36 AM
Thanks guys for the moral support and quick responses.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
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gc_on_demand
06-10 09:05 AM
Folks
July bulletin is OUT and NO more significant movement. Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
Please I request all of you to call , if you already call then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
July bulletin is OUT and NO more significant movement. Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).
It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .
Please I request all of you to call , if you already call then ask your friends and family members to call.
Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.
CALL NOW .... and Spread this message to everyone.
more...
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sanjaymm
12-24 11:21 AM
Freedom and Liberty has been the founding principle of USA. Freedom to change, to improve and to grow has lured immigrants to USA over ages. However, same freedom is denied to LEGAL employment based immigrants. USA boasts of equal rights and opportunity to everyone. However equality is denied to employment based immigrants.
I came to USA in 2001 along with my family, to work as an IT manager. My green card was applied in 2003. I have been dutifully contributing to US economy, in form of my labor and taxes. However, due to immigration laws, I am stuck to a particular job profile. I can not accept any promotions or job enlargement offers. I am even barred from attending full time school, to enhance my skills. My dependents are not eligible to any educational aids, since we are not green card holders yet. I can not buy a house for the fear of losing it. In case of job loss, I have to seek a job in same job profile within 2 months, or loose whatever I have worked hard for in prime years of my life. In spite of paying all taxes, I am not eligible for any kind of unemployment benefits.
I have been waiting patiently for last five year for my green card. Looking at the snail pace of process it will be several decades before, I get it. Has US stopped caring about intellects at all? Why can�t US politicians see a potential brain drain coming?
I request you to take reforming immigration process, making USCIS accountable on top priority. The law should also have a maximum wait period for green card identified. No one should be put through an ordeal of an endless wait.
I came to USA in 2001 along with my family, to work as an IT manager. My green card was applied in 2003. I have been dutifully contributing to US economy, in form of my labor and taxes. However, due to immigration laws, I am stuck to a particular job profile. I can not accept any promotions or job enlargement offers. I am even barred from attending full time school, to enhance my skills. My dependents are not eligible to any educational aids, since we are not green card holders yet. I can not buy a house for the fear of losing it. In case of job loss, I have to seek a job in same job profile within 2 months, or loose whatever I have worked hard for in prime years of my life. In spite of paying all taxes, I am not eligible for any kind of unemployment benefits.
I have been waiting patiently for last five year for my green card. Looking at the snail pace of process it will be several decades before, I get it. Has US stopped caring about intellects at all? Why can�t US politicians see a potential brain drain coming?
I request you to take reforming immigration process, making USCIS accountable on top priority. The law should also have a maximum wait period for green card identified. No one should be put through an ordeal of an endless wait.
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lacrossegc
02-11 01:43 PM
Every one keeps talking of "H1 Transfer" there is no such thing... every time someone files a H1 Petition on your behalf it is a new H1 Petition the only thing that changes is the length of the approval period. The period already used in previous H1b employments is deducted.
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
more...
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smodekurti
10-12 12:31 PM
I have not received any. Generally the notice goes to the employer or the attorney who filed the petition on our behalf. Moreover I have checked with my previous employer. They are suspecting the case got reopened because of the H1B withdrawal petition that was filed sometime back. Things will be clear only after they receive the notice.
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sunny1000
12-12 03:22 AM
I might have more information than VFS. The VFS agents don't know what's happening in the consulate. The agents doesn't know more than what is already present in the VFS website.
ok...call the consulate and ask what is going on.. or send an email.
ok...call the consulate and ask what is going on.. or send an email.
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santb1975
12-01 06:50 PM
I know you are a committed member and you contribute as well. You have been helping the holiday thread to be on the top too. I was talking about my IV holiday fund raising to one of my co-worker who is a US citizen and who does not have an Indian/ Asian ethnic background and he had mentioned to me you guys are 25,000 people and all of you are hard working legal immigrants. you dont need to go to anyone else for money. your group is financially very strong. If all of you put in 10$ each month you will have 250K funds available every month. What you should really work on is get every member to commit to that 10$ every month. What can we do to get every one of us put in that 10$ every month?
I have read my post couple of times before posting to avoid any mis-communication...but it's never possible to prevent I believe:)
I have a recurring contributions setup and also contributed what ever I could this holidays...probably will contribute more before the end of the season. My post is not about the Monthly contributions made by you, me or many others...who signed up.
It's about the ones' who cannot for what ever the reason may be....you and me pointing to the salaries or house-hold incomes will not help them join the wagon.
It's about increasing the donations irrespective of people joining the monthly-contributions scheme....Other viable options...may be having a IV donation boxes...in immigrant owned businesses....etc.
In an ideal world as you mentioned atleast 20000 of 25000 will contribute monthly....It's defintely good to aim for that....but that's not realistic.
I have read my post couple of times before posting to avoid any mis-communication...but it's never possible to prevent I believe:)
I have a recurring contributions setup and also contributed what ever I could this holidays...probably will contribute more before the end of the season. My post is not about the Monthly contributions made by you, me or many others...who signed up.
It's about the ones' who cannot for what ever the reason may be....you and me pointing to the salaries or house-hold incomes will not help them join the wagon.
It's about increasing the donations irrespective of people joining the monthly-contributions scheme....Other viable options...may be having a IV donation boxes...in immigrant owned businesses....etc.
In an ideal world as you mentioned atleast 20000 of 25000 will contribute monthly....It's defintely good to aim for that....but that's not realistic.
anurakt
11-13 02:06 PM
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
vikramaditya
03-13 03:00 PM
http://newdelhi.usembassy.gov/prioritydates.html
hope this will help us understand e1 and ex
hope this will help us understand e1 and ex
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