akhilmahajan
02-26 10:21 AM
This is what i understand and i might be wrong, and this is specifically from my perspective and i am not representing IV.
For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.
I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.
Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.
But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.
At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.
Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.
I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.
I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.
GO I/WE GO. TOGETHER WE CAN.
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
For a legal immigrant who has been here for the last 9 years, following the law from day 1, i don't see any hope except IV. I understand this is a political issue, and everything happens on the back-end. There is no time table or time line which can be promised by anyone, because this is all politics. Even anti-immigrants don't do anything everyday. They lobby in the background and try to stop any kind of relief, if any being given to us. They still collect a lot of money. They are also only active when there is something on the table and same goes with IV. Everything goes in the background and when there is something positive they come out and request the community to work on an action item, which in the ends gets a very poor response and undermines all their hard work. IV has an agenda and sticks with it. They have lobbying firms who work on the lines of that agenda. I don't think anybody can promise a time line or timetable regarding anything. They are working on an agenda and trying to get relief for all of us. They can't come out openly every day and say we are working on this and that.
I believe in trying and by supporting IV, i am doing that. If no body is going to fight for us (Legal Immigrants), then we can't expect any relief or i will say not even dream of anything good for us. No one is going to address our plight till the time we fight for it. Ask your friends what have they done till today? If they think giving $1000, can buy themselves a Green Card(so called independence) then i am ready to give them $1500 and will request them to do it for me also and i am sure i can find many fellow IV'ans who can also give them $1500. Its very easy to question someones hard work, but when they will be asked to do something, you wont find them anywhere. Every time they will have some reasons not to contribute or do anything. If they join IV, they are not doing anything good, till the time they don't participate in any activities or action items. If they think sitting and waiting for Visa Bulletins and Processing Dates is the best way to go, then there is no way anyone can help them.
Nobody came to convince me, that IV will get me out of this pain. I understand the problem, which is right in front of everyone and i only see IV as the one and only one organization working to get us some relief. I have met the Core group and i know how dedicated and honest they are. During the rally they were in DC for weeks getting everything worked on, only so that our problem can be highlighted and heard. IV Core spends a lot of time in Washington DC lobbying for our cause. They spend money out of their own pockets. They have families and they end up spending time away from them. Why???? Because they want relief and get our problem sorted. I really salute and appreciate their efforts and the hard work they have put in to come so far.
But we as legal immigrants always end up questioning someones efforts? These questions need to answered by us. If your friends think there life is good and things will fall in place, its fine and they can stay away and go on with their lives as it is going on. But tell them not to criticize and question anybody's hard work and honesty.
At least they can do us a favor, by not questioning what IV does? Rest regarding the funds, IV is a non-profit organization, and the tax returns are available online and can be viewed by anyone.
Rest i hope they wake up and realize that by helping IV they are helping themselves and their families.
I tried my best to explain how i understand IV. If i offended someone i am really sorry about it.
I am proud to be associated with IV. At least in the end i will be happy to say that i tried for my independence.
GO I/WE GO. TOGETHER WE CAN.
Akhil,
I could convince 3 of my colleagues who are READY RIGHT NOW to contribute $1000.00 each. I can do $500.00.
But they asked me just one question. What is the action plan that IV is collecting these monies from prospective immigrants who are already in pain due to this economy and all that. I did tell them about July 07, flower campaign, but they are not willing to listen. They said they did not contribute at that time due to some reasons, but they now want to contribute big way. They have a much bigger friend's circle than mine who are also doing good from top schools who may contribute too. They may also register in IV soon.
But their only question is "What is the action plan for FUTURE". Can you please help.
I am confused myself with the same question, no offense. Like me, they wouldnt wait and wait forever for things to happen. We Strongly believe in any action towards goals. Trust me, we need lots of money, but the way they responded made me feel uncomfortable.
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AabTuAgaGC
08-30 07:12 PM
Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.
:D:D:D:D:D:D:D
:D:D:D:D:D:D:D
sam_hoosier
12-17 02:33 PM
This is personal experience, people may have different view.
Looking at your post, I couldn't help wondering why you are still here ?
Looking at your post, I couldn't help wondering why you are still here ?
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gcnirvana
05-09 12:43 AM
We had a discussion about the very topic not long ago as part of IV Spotlight Topic Series. Check out this thread http://immigrationvoice.org/forum/showthread.php?t=4118&highlight=spotlight
Will someone please respond ?
Thank you.
Will someone please respond ?
Thank you.
more...
dtekkedil
07-03 03:42 PM
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
Would be great.. but it will work only if enough people send those flowers! I suggest emailing your friends.. anyone who would listen! Persuade them to send those flowers!
Would be great.. but it will work only if enough people send those flowers! I suggest emailing your friends.. anyone who would listen! Persuade them to send those flowers!
calabor2001
05-02 08:59 PM
This post of yours is really funny and it got me laughing like crazy!!! Very well put - I guess I belong to the category of "Endurance Limit" as well. Good Luck!!!
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
:)
My PD is Sep 2002. There are different limits:
Break even limit
Fatigue limit
Endurance limit
I am on last one :)
more...
english_august
07-09 05:39 PM
That is all the more better, spare real flowers from dying at USCIS doorsteps.:D
Which is fine but the order by ground shipping will probably reach a week later.
Which is fine but the order by ground shipping will probably reach a week later.
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amsgc
07-05 12:02 AM
Hey thx man...I had no idea about this. I will search for the post and read up on it.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
Retaining your PD, using a new I-140, is not the same as Labor substitution. There are several members who have successfully ported their PD, and may be able to advise you better.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
Retaining your PD, using a new I-140, is not the same as Labor substitution. There are several members who have successfully ported their PD, and may be able to advise you better.
more...
Macaca
07-07 09:11 AM
I know we have members from Britain
I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.
It would be great if we can showcase a multicultural group
I don't know how many IVer's can comprehend multiculturalism!
PS: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?
It was a very crafty/slick move on your part. I was very impressed. Not to mention: I am ecstatic that it is working.
msyedy's legacy continues!
I hope Franklin is there. Please convey my personal feeling that I consider him (+ all non-indians) to be an integral part of IV.
It would be great if we can showcase a multicultural group
I don't know how many IVer's can comprehend multiculturalism!
PS: As far as msyedy, he left but now my ID has a red flag. It is no fun to be a lightening rod for anti-immigrants, is it?
It was a very crafty/slick move on your part. I was very impressed. Not to mention: I am ecstatic that it is working.
msyedy's legacy continues!
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amitjoey
07-09 07:22 PM
Amit,
Can you post the template of the email you are sending to the reporters.
- AA
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
Can you post the template of the email you are sending to the reporters.
- AA
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
more...
krishnam70
07-02 08:55 AM
Ship date
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
Jun 29, 2007
Estimated delivery
Jul 2, 2007 by 10:30 AM
Service type
Priority Pak
Weight
2.0 lbs.
Status
At FedEx destination
Date/Time
Activity
Location
Details
Jul 2, 2007 7:54 AM
At local FedEx facility
LINCOLN, NE
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krishna_brc
01-29 05:32 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
more...
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vbkris77
03-06 04:44 PM
Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.
Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.
Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.
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jindhal
09-24 05:13 PM
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D
what you are hoping for is a change in law which one cares about because it is absurd.
Atleast we agree on one point that the law is absurd.
what you are hoping for is a change in law which one cares about because it is absurd.
Atleast we agree on one point that the law is absurd.
more...
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like_watching_paint_dry
12-11 12:19 AM
This could be one side of story. There were other posts which was mentioning about some fake resumes given by some Indian consultancy companies. So all those are isolated cases and we cannot take into account. I am seeing lot of hard working Americans and Indians as well. Also a family person with 2 kids cannot spend 12 or 16 hours per day compared to Bachlors(Most of the Bachlors who are spending 12 to 16 hours are H1b persons). If assesment is done based on that then that does not make any sense. Then do you thinkyou need to fire more than 35 year Old people and recruit 25 year people That is not American way. This country for long time Top rankholders as well as school dropouts also could survive and Lead a decent quality of life. I knew lot of Indians most of them gc holders and some H1b also those who were just average in skills had tough time in getting job between 2000 to 2004 because of more number of H1B people and also economy was bad. So there is no surprise some Americans also might have similar situation. But past 2 years everybody I knew were able to get job and survive well. This is because of economy and also because of limited H1b. But Corporations are asking too much h1b(unlimited by 20% automatic increase every year and exemption for PhD/MS people). Certainly that will kill the demand in job market and bring down the rates. I think H1B increase should be compromise between demand and supply. Otherwise there is going to be huge opposition. Congress cannot only favor Business. But as a Senator they have to take care of all groups of people. There may be a possiblity that H1b increase may happen but EB relief may not happen not that much strong lobbey from Business compared to H1B. American companies lie Micosoft, Intel culd not get H1B people because Indian consultancy companies grabbed all the H1bs in first few weeks of April and May not because of numbers. So that is a differentind of problem
Is there something we can do to lobby against unbridled H1B increases?
Maybe make a deal with our friends on the other side of the fence to lobby together for placing a sharp limit on H1B increase, especially without a corresponding increase in immigration numbers. Combine that with a speedup in eliminating the current backlogs. After all, the worst case scenario for them isn't flooding of H1B's in the market, but those H1B's already here & stuck at low wages and performing at the job levels of highly experienced techies simply because they are stuck because of mobility issues after 6 yrs of H1B.
It's easy to see that any increase in H1B without clearing the EB pipe will lead to a larger workforce of experienced and exploited workers driving the 5 - 10 year experienced folks wages lower. On the other hand, if the current EB backlog is cleared with very carefully calibrated H1B increases (maybe increase the number of visas for MS folks from the current 20K to 40K or something to relieve the current hiring inability businesses claim to have) would let the tons of people currently stuck to be free to move about and drive the wages up. This is what Numbersusa etc are hoping to see...
Is there something we can do to lobby against unbridled H1B increases?
Maybe make a deal with our friends on the other side of the fence to lobby together for placing a sharp limit on H1B increase, especially without a corresponding increase in immigration numbers. Combine that with a speedup in eliminating the current backlogs. After all, the worst case scenario for them isn't flooding of H1B's in the market, but those H1B's already here & stuck at low wages and performing at the job levels of highly experienced techies simply because they are stuck because of mobility issues after 6 yrs of H1B.
It's easy to see that any increase in H1B without clearing the EB pipe will lead to a larger workforce of experienced and exploited workers driving the 5 - 10 year experienced folks wages lower. On the other hand, if the current EB backlog is cleared with very carefully calibrated H1B increases (maybe increase the number of visas for MS folks from the current 20K to 40K or something to relieve the current hiring inability businesses claim to have) would let the tons of people currently stuck to be free to move about and drive the wages up. This is what Numbersusa etc are hoping to see...
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jamesbond007
11-18 12:20 PM
Summary page said it went to my district's Congressman Pat Tiberi and to the two Ohio Senators.
more...
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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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tonyHK12
02-15 11:17 AM
cheers mallikonnet, desixp
tracker @ 9%, time elapsed = 25%
Amount raised................$4,350.00
Contributions needed.....$45,650.00
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tracker @ 9%, time elapsed = 25%
Amount raised................$4,350.00
Contributions needed.....$45,650.00
.
.
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pd052009
02-10 10:53 AM
looks like there is some hope for us in 2013 if the elections go well :)
If we have the same congress that only knows immigration as illegal immigration, the president can not give us any HOPE :(
If we have the same congress that only knows immigration as illegal immigration, the president can not give us any HOPE :(
jsb
09-10 11:00 AM
There is a mistake in the vb for Oct 2009 for Eb3 . Please look at the mumbai consulate it shows Eb3 -I cutoff date is 22 feb 2002.
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .
Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html). Can anyone verify the problem .
Mistake seems to be at the Mumbai site. They seem to have copied E3-I dates from the China column of the original VB. Perhaps they will correct it quickly. On the optimistic note, we can hope that error is in the published VB, not at Mumbai site.
smuggymba
07-20 11:25 AM
Don't make stupid statements like this. It goes to show your intelligence and that you are an instigator. With statements like that you will alienate EB3 more. BTW, I contributed to DC advocacy and many other EB3s also did the same. That money apparently seemed to have have helped EB2 and not EB3.
Regarding you comment on action, many IV leaders are EB3.
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
Regarding you comment on action, many IV leaders are EB3.
It's more of a motivation to get up and do something. How much was collected? I know many ppl contributed but the contribution was very less...so u shut up ur hole or whatever language u prefer to use at ur home. My point was to do rather than posting. If u didn't get that, sorry.
