Green.Tech
08-05 06:09 PM
I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Good point!
For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.
More thoughts?
Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.
Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....
Good point!
For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.
More thoughts?
paskal
12-25 09:35 PM
/\/\/\/\
neverbefore
03-01 10:15 AM
Yes please explain that better.
Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
No offence meant or intended, I suggest a repost of the one by Mark.:)
I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.
Thanks and best regards.
Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
No offence meant or intended, I suggest a repost of the one by Mark.:)
I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.
Thanks and best regards.
dehradoon
07-17 05:59 PM
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application
You will need to have your spouse back for biometrics, if not then reschedule it early as no show = abondonment of application
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gc_in_30_yrs
10-26 09:09 AM
i got my receipt number in 1 1/2 weeks time. i applied on 10/11/2006 and got the receipt number on 10/25/2006
huh
12-08 03:35 PM
Is the 15 months counted from the filing date or the audit reply date?
Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...
Thanks!
Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...
Thanks!
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Soul
05-28 03:19 PM
I don't usually design like this! :P
- Soul :s:
- Soul :s:
nozerd
01-15 11:02 AM
If you are not that serious about Canada and are cool with being rejected dont take the test. If they were ok with passing you anyways they wouldnt have specifically asked you to take it.
IELTS is more widely accepted and has more centers in the US than the other test.
IELTS is more widely accepted and has more centers in the US than the other test.
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Berkeleybee
04-07 09:03 PM
About the appeasability of Sensenbrenner check out :
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
FinalGC
05-12 05:02 PM
hopefulgc:
Are you willing???
Are you willing???
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pdakwala
06-26 12:12 PM
The senate just voted on the cloture motion. The motion is agreed to and the bill proceed further. The bill got 64 yes and 35 no. The senate majority leader Reid of Nevada is expected to choose the "clay pigeon" option.
The option will give the expedite passage of this bill from the Senate.
Pratik
The option will give the expedite passage of this bill from the Senate.
Pratik
Prasad_FL
08-02 04:57 PM
I am in Miami/Miramar area.
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hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
krishnam70
02-22 12:48 PM
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
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logiclife
08-03 05:25 PM
I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
more...
dollar500
08-09 09:04 PM
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
Green06
08-24 12:41 PM
He covered mostly which is on this link.
http://www.wral.com/business/local_tech_wire/opinion/blogpost/1672370/
http://www.wral.com/business/local_tech_wire/opinion/blogpost/1672370/
bp333
02-19 10:50 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
If its rejected due to "missing or incorrect fee" you can send the package back with a special cover letter to by-pass the mail room. The letter has to say something in the lines of: "Attention CRU Supervisor, case improperly rejected due to fee".. search for these in google. You will find a template.
Mine was rejected for the same and Supervisor accepted my refile.
Good luck.
pkv
01-08 10:38 AM
This might be a simple stupid question,
Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.
I used standard 2x2. Its mentioned at their website too.
Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.
I used standard 2x2. Its mentioned at their website too.
pappu
03-01 08:02 PM
Its been a long time since a conf call is organized. Could you all pls. organize the call and start action items. Thanks
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