plassey
08-20 08:01 PM
Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
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mugwump
01-04 11:25 AM
Yeah if the restriction was for non immigrants none of their "special" buddies from gulf states like UAE, Saudi, Kuwait etc would be able to visit.
Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE
But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa
Many of those " special buddies" would have diplomatic passports, hence no inspection at the POE
But i think you can not practice polygamy or bring multiple spouse to the US on non immigrant visa
ck_b2001
01-26 09:32 PM
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.
It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.
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som_yad
06-05 01:20 PM
I am curious to know the Answer
New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?
New memo is not helping us in terms of answering few questions. Can i comeback on H1B (without subject to cap limit) after changing job using EAD?
more...
LostInGCProcess
03-02 03:37 PM
The simplest and easiest case for transferring money is because we dont know if we will ever get GCs, and our jobs are not guaranteed as we are on H1, so we can say we feel safer to keep the money back in home country than in this country and hence transfer the money.
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
Also I would like to add, the OP has stated that the house visit is from ICE(Immigration and Customs Enforcement) not USCIS officials...
BTW, bujjigadu123 , your visit was scheduled for last week if I am right going by your OP, can you pls let us know what happened
Also I would like to add, the OP has stated that the house visit is from ICE(Immigration and Customs Enforcement) not USCIS officials...
edaltsis
08-08 10:03 AM
Same thing happened with one of my friends. He went to India immediately got married and brought his wife to US, the GC status would not update at the port of entry system that quick so he took a chance. You can give a try to schedule an appointment at the Chennai embassy for dependent visa (through your H1B). My friend spoke with a reputed law firm (I dont want to mention the name here but you all know 'her') who advised this and he got lucky.
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
As the priority dates are current you can apply for 485 for your spouse. Good Luck!
more...
venkygct
09-07 11:35 PM
^^^^^
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hiralal
11-04 03:44 AM
Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.
you are from eb2 - I wonder what your opinion would have been if you were from eb3 - India ??? my feeling and hope is that they will start giving more spillover visas to eb3 categories - the reason being that they don't want too much gap between employment categories
(eb2I date in 2007 while eb3 is still in 2001 does not look good)
you are from eb2 - I wonder what your opinion would have been if you were from eb3 - India ??? my feeling and hope is that they will start giving more spillover visas to eb3 categories - the reason being that they don't want too much gap between employment categories
(eb2I date in 2007 while eb3 is still in 2001 does not look good)
more...
abhijitp
07-08 01:05 AM
http://youtube.com/watch?v=qP79UslTUr8
Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?
Please take a moment to view it, and post your comments. Should we not try to make this one of the most watched videos?
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Libra
01-16 01:00 PM
bump
more...
vishwak
02-11 01:46 PM
Try consulate German Consulate and they will reply quickly.
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mirage
08-10 07:26 AM
And I know people who came to US in 2006. Got 2001 EB2 Labor and are now worknig on EAD. Whenever I see this guy my heart screams to choke DOL.
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
FYI.
I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
Does this look like a fraud to you ?
more...
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raysaikat
07-19 09:33 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
If she applies for I-485, she has *beyond a shadow of doubt" expressed immigration intent. Her visitor visa request will immediately be rejected.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
Once someone applies for I-485, then s/he has expressed immigration intent. From that time onwards s/he cannot apply for any visa that requires intent for non-immigration, such as visitor's visa, student visa, etc. He/she can only apply for a dual-intent visa, such as H1/L1/H4, etc., after expressing immigration intent.
It is your own personal problem if you find this rule as "bizarre", but that's the rule.
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krishna_brc
05-15 06:00 PM
What is the situation of India Masters degree who are in EB2.
Do they qualify to be excluded from the annual quota as per this new law. :confused:
Do they qualify to be excluded from the annual quota as per this new law. :confused:
more...
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immilaw
12-12 12:50 PM
Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
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H4_losing_hope
02-25 11:01 PM
my new total 105 ish
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
May be NORCAL might need them? I will be sending them about 30+ letters this week.
Cheers!
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
May be NORCAL might need them? I will be sending them about 30+ letters this week.
Cheers!
more...
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Michael chertoff
01-26 07:38 PM
U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.
U must be a gulti trying to defend ur region - God bless
Please dont call them GULTI or something. They are good people. from my experience, I can say they are very helpful people.
FYI- YSR or any telugu leader have nothing to do with this college mess.
Cheers,
MC
U must be a gulti trying to defend ur region - God bless
Please dont call them GULTI or something. They are good people. from my experience, I can say they are very helpful people.
FYI- YSR or any telugu leader have nothing to do with this college mess.
Cheers,
MC
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zerozerozeven
04-08 05:04 PM
Very interesting:
They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!
We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.
Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.
Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?
The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.
The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.
Good luck to everyone in the lottery.
Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem
They say that they will run Master's cap first, then put the leftovers into regular cap lottery pool. But it would be better for master's degree holders if they did it the other way around!
We know the master's odds are better than general pool odds. Maybe about 50% vs. 25% this year.
Think through the math! It would be more advantageous for Master's degree holders to go through the general lottery first, and only if they lose in general be put into master's lottery. Maybe there would be less than 20,000 general lottery losers with advanced degree, then there would be no need for another lottery, they would automatically get the 20,000 that's allocated for them.
Is USCIS trying to screw Master's holders on purpose, or are they just bad at math and screwed them due to ignorance?
The spirit of the whole master's cap law is to give master's holders an advantage. USCIS had a choice here of giving a small advantage (master's lottery first, then general) or big advantage (general lottery first, then master's) and they chose the smaller advantage.
The whole fact that we're here thinking about the odds, just like horsebetting, is of course ludicrous in itself.
Good luck to everyone in the lottery.
Even horse-betting has some amount of skill level (of the horse) and knowledge involved when u place a bet...and to think about it....When I used to be in India, I was told why India is not improving is because meritocracy takes a back seat everywhere while in US people are rewarded based on merits. I now realize with the backlog and the H1B that things are worse out here. GC process is such a long and arduous process that it takes the most productive years of your life away by forcing to work in a company without a change in position. H1B has now become even more of a laughing stock because of the mega lotto we have every year and everyone could see this coming 100 miles away and pity that nothing was done for last 2 years to address this problem
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ChainReaction
07-17 10:34 AM
Date moved from October 03, 2006 to October 06, 2006.. :-(
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
gk_2000
07-29 01:29 PM
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
It seems from your posts, the adage would apply to you: "You CANT wake up a man who is pretending to sleep". I will try not to pay any more attention to you
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
It seems from your posts, the adage would apply to you: "You CANT wake up a man who is pretending to sleep". I will try not to pay any more attention to you
mmj
04-28 08:05 AM
Yeah - I should have clarified that when I said most - I was refering to people whose PD is before 2006.
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scary
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