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  • days_go_by
    05-25 10:57 PM
    and everyone else involved.

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  • bluez25
    08-26 02:18 PM
    also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.

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  • tnite
    08-15 04:45 PM
    On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

    On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

    Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.

    Two of my friends got a letter from DOL to answer a questionnaire about the pay, paystub gaps and all those stuff.They work for different companies.
    DOL is cranking up the pressure

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  • a_yaja
    03-15 12:07 PM
    This topic seems to be gray for H1B holders. What is allowed and what is not.

    * What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".

    Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.

    All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?


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  • Alien
    02-09 11:22 PM
    Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.

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  • pandu_hawaldar
    09-09 01:04 PM
    looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?


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  • rb_248
    07-27 07:13 AM
    I tested it. It works great. Admins must consider creating a link for this on the main page of IV. Good job.

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  • frostrated
    05-13 12:00 PM
    why are you worried about your labor when your status shows that you have filed your 140?


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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    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?

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  • NikNikon
    July 15th, 2004, 11:13 AM
    Awesome shot! Nice work. :cool:


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  • suriajay12
    05-13 07:11 AM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?

    Its not unemployment, but swine flu thats responsible for this retrogression mess. They could imagine this flu will strike in 2009 and hence wanted to discourage people to come to US or to adjust status here. They know immigrants travel more than citizens out of country and to Mexico and hence more chance to get that virus to US.

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  • lord_labaku
    12-16 01:40 AM
    Your code has lot of syntax error. (for your reference - message window has spell check feature inbuilt)

    Sorry..could not resist.

    On a serious note, please read the AC21 rules and interpretation


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  • webm
    10-05 02:07 PM
    Who receives the AP approval? lawyer or the beneficiary?

    Generally Lawyer receives it.Check with your lawyer constantly.

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  • fatjoe
    10-10 03:36 PM


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  • small2006
    08-20 02:38 PM
    I gto the same response last week. They were so adamant in denying me the info that I got frustrated and hung up on her.:mad:

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  • snathan
    04-15 03:35 PM
    I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?

    We need to cross 5000 mark first....


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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?

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  • desi3933
    03-03 12:42 PM
    LC approved in 2006, can I still apply for I-140?


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  • aspirant_1
    07-22 09:34 PM
    5 start rating

    12-31 04:11 PM
    Is your PD is current ? Goodluck any how.

    My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
    The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with, dont worry about it...

    Here is the online status on my case:

    Current Status: Case Transfered to Another Office for Processing

    On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.

    I guess its happening randomly though but does not mean anything.

    11-09 07:17 PM
    The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.

    If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.

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