manchala
02-16 06:26 PM
Bank of America Bill Pay confirmation number C2WZ7-X3TSQ
Will be calling my friends and asking them to make some contributions
Asked few DC friends to definitely make it to the Event.
Will be calling my friends and asking them to make some contributions
Asked few DC friends to definitely make it to the Event.
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simple1
05-02 01:04 AM
Families will never get separated. Please don't use emotional wordings without basis.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
a2k2
11-17 04:54 PM
Done!!
2011 a tribute to Scooby Doo 2.
senthil1
06-26 03:08 AM
I am seeing lot of ads in Dice that only citizens are need to apply. If that is a racism many companies would have been in trouble. If you are really sure that they are violating law you can apply for those positions and sue them as affected person. You may get millions of dollars if court finds that there is a racism in selection. I think if they eliminate particular group in US citizens(If they eliminate Indian origin or Chinese origin Citizens inspite of similar skills ) then that is a racism.
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
more...
Pineapple
10-26 11:31 AM
TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.
minimalist
01-30 08:31 PM
don't have the guts to take care of anything person to person. That will only go to show how right the right things you do are. Do you know how a person that never does a wrong thing ( "I always do the right thing regardless of the time or place") threatens that he will bring people who do not belong in the conversation to the conversation to show how capable he is.
So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"
Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.
To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.
You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
to continued stay in US.
And this response is for you minimalist:
I don't have to call you names on this forum, I can send you a pvt. message cussing at you like there's no tomorrow There is going to be many references to your monther, dogs, their reproductive organs, some more references to your sisters, and all the female members of your family. You are not going to like what you'll read, but that's what you get for calling me names.
Coming to your point: Who are those people that are facing legal action again? And you're telling ME, that I dont have compassion? Compassion for who? For someone who has faked resumes, filed for H-1B visas w/o a job offer? And why do you think they deserve compassion?
So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"
Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.
To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.
You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
to continued stay in US.
And this response is for you minimalist:
I don't have to call you names on this forum, I can send you a pvt. message cussing at you like there's no tomorrow There is going to be many references to your monther, dogs, their reproductive organs, some more references to your sisters, and all the female members of your family. You are not going to like what you'll read, but that's what you get for calling me names.
Coming to your point: Who are those people that are facing legal action again? And you're telling ME, that I dont have compassion? Compassion for who? For someone who has faked resumes, filed for H-1B visas w/o a job offer? And why do you think they deserve compassion?
more...
gcspace
10-08 10:38 AM
I am still waiting?
Did you contact USCIS regarding your case ? Any response or the regular
'wait for 30/45 more days' answer ?
Did you contact USCIS regarding your case ? Any response or the regular
'wait for 30/45 more days' answer ?
2010 scooby doo, Shaggy
Naveen
07-09 04:05 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
more...
raju123
07-03 01:31 PM
Please send following message :
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
Message to Emilio
Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration
Don't worry, we will wait for 100 years for our green card.
hair shaggy scooby doo.
EndlessWait
07-20 11:41 AM
So pls contribute.
I pledge $100.
I pledge $100.
more...
brb2
10-05 02:26 PM
If Democrats win CIR will be passed including relief for legals. But since USCIS will be deluged with (no surprise - no money to tackle the load) it will be an "unofficial retrogression" which Texas service center has always had. A lot of people with 01 and 02 priority dates were "current" for a long time, then it was incompetance and delays at TSC, later it was retrogression.
If republicans win (slim chance they will hold on to the majority in both house and senate assuming Foley scandal does not cause much more damage) then CIR is in the waste basket. Though Agjobs will come back because labor shortage is causing havoc on fruit farms and fruit is rotting on trees. Skill bill is guarenteed, but very little legalization for illegals.
Some people here seem to have a lot of hopes on the Democrats. But the proceedings of the CIR bill showed likes of senators from ND (which by no stretch of mind is affected by illegals!), CA (Diane), IL (Obama) how much they were against legal immigration. Other than Cornyn and to some extent Specter I did not see much sympathy for the legal immigrants. Even the Hispanics have realized Obama is against legalization and are now reconsidering support for him.
As to some ones request to remove posts critical of one or the other political party - as long as the discussion is civil, there is nothing wrong in analyzing the situation and predicting the future. If anything, those Democrats who are subtly anti-legal immigration will realize they are drawing new immigrants (who are traditionally democratic at least initially) in the arms of republicans.
If republicans win (slim chance they will hold on to the majority in both house and senate assuming Foley scandal does not cause much more damage) then CIR is in the waste basket. Though Agjobs will come back because labor shortage is causing havoc on fruit farms and fruit is rotting on trees. Skill bill is guarenteed, but very little legalization for illegals.
Some people here seem to have a lot of hopes on the Democrats. But the proceedings of the CIR bill showed likes of senators from ND (which by no stretch of mind is affected by illegals!), CA (Diane), IL (Obama) how much they were against legal immigration. Other than Cornyn and to some extent Specter I did not see much sympathy for the legal immigrants. Even the Hispanics have realized Obama is against legalization and are now reconsidering support for him.
As to some ones request to remove posts critical of one or the other political party - as long as the discussion is civil, there is nothing wrong in analyzing the situation and predicting the future. If anything, those Democrats who are subtly anti-legal immigration will realize they are drawing new immigrants (who are traditionally democratic at least initially) in the arms of republicans.
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dish
05-03 12:45 PM
Before SKIL bill there were Talent Bill and PACE act which were pending for a long time. the senate has not taken up the immigration reform debate yet. and it can be postponed forever. So how much hope is there for SKIL bill ?
Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?
Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.
Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?
I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?
Also after senate, there is a bigger hurdle, the house of representatives. Remember the Budget Reconciliation Bill was passed in Senate with the Immigration related Clauses. But was stripped off in the House. So is there any hope ?
Sorry I am being Skeptical. But apart from some media publicity, IV does'nt have brought up anything good to the Legal Immigrants community.
Have IV recieved any Positive Responses for the faxes being sent. Will the Backlog elimination Centers Improve their processing speed, and transparency of cases?
I am on H4 visa, So I am dumped. and Here is my friend who had to resign her job because her 6 yrs limit on H visa. and We are feeling depressed day by day in this UNFAIR IMMIGRATION SYSTEM. Aren't H4 spouses considered as Immigrants ?
more...
house Shaggy Scooby Doo Costume
gctest
09-16 10:20 AM
I can pledge around 200-250 for this.
Go IV!!
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
Go IV!!
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
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pyaradesi
07-19 10:09 PM
Sanhari,
If GCs were sold in stores I would buy you and your family a bunch of them.
You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.
The question you should ask is why have EB1, 2, 3, etc?
Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.
You signed up for this knowing what was in store.
You think writing a letter or starting up a thread is going to help?
I just wonder, is IV some kind of therapy? something like weightwatchers,
maybe we should call ourselves GCWatchers, for frustrated GC folks from India.
Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?
India is shining, not a bad proposition at all.
If GCs were sold in stores I would buy you and your family a bunch of them.
You are in the EB3 category, do you ever wonder why somebody who is more educated than you or me, makes more money? Can we say, hey you I was born in 1890 I should make more money, it does not fly, EB3 is not a reflection on your skills but more the job you hold.
The question you should ask is why have EB1, 2, 3, etc?
Why do you not include the family based categories, isn't family first, why not the EB spill over to to FB first then whatever trickles down comes to EB, is not this fair? I am sure there are a lot in the FB queue who have waited for longer than you. Now dont tell you you are better than FB because you are highly skilled, pay taxes, etc.
You signed up for this knowing what was in store.
You think writing a letter or starting up a thread is going to help?
I just wonder, is IV some kind of therapy? something like weightwatchers,
maybe we should call ourselves GCWatchers, for frustrated GC folks from India.
Tell me this, are your bosses fools to sponsor you in EB3, do they not know it will take years? No they are not, ask yourself why?
India is shining, not a bad proposition at all.
more...
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Administrator2
11-18 09:46 AM
Blacktongue : There is no harm in trying. Leave no stone unturned. Chey Chey.:)
"There is no harm in trying. Leave no stone unturned."
This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.
I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.
"There is no harm in trying. Leave no stone unturned."
This may sound optimistic and promising, but in essence sending random rhetoric using off message statements like "Erase Backlog Now" conflicts with our targeted messaging. To the observer on the Hill (i.e. in Congress) it all sounds more like a noise without a coherent message.
I'm sure you would agree that "no harm in trying" and "Leave no stone unturned" doesn't mean diluting our effort or sending incoherent message. That is why we need to have a single voice sending the same targeted message each time, otherwise we will just sound like awkward noise.
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sc3
08-18 06:50 PM
Ok, bear with me here.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
more...
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dontcareanymore
07-28 01:37 AM
Sorry if I am dashing the hopes of some and sound too pessimistic , but I think I have the right to be one , and this is what I feel where we are headed:
1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.
2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.
3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.
4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?
What do we have in store :
Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.
Don't loose sleep over some one else getting GC ahead of you. Try to live your life.
Do what ever you can to better the situation. It depends on what you believe.
If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.
if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.
Don't be surprised if your hopes are dashed.
At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".
I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)
1) Historically EB2 and Eb1 has the advantage over EB3. You may argue on the merits but it is the fact. It may be news for the folks who got in to the queue recently , but that is generally a trend except recent past. So there is no use in getting mad that EB2 are GC before EB3. But at the same time I don't accept arguments from some EB2s that EB2s are smarter than EB3 and have the right to get GC at least 6 years ahead of EB3. Like every thing else in this unfair process , you are at the right place at the right time and you get it. Be happy for that. If you can't understand the frustration of some Eb3s, the minimum you could do is not show off. If some one has been around for a while and seen this process they would not be either surprised or jealous about EB2's current status.
2) It is sad to see this infighting. We are in a GC quagmire and there are no better solutions and most people are really frustrated and you can see that in the discussions. I see that the interest from active people in waning and probably justifiably so. You can see a pattern of decreasing interest from the peek (Jul last ear) . Most people are happy with EAD and Ac21 and some of the active folks got their GCs. Some of the most vocal, visible people on the forum has changed their tune soon after the last bulletin , just because their PD is current. It changes from "we all are in this together" to "You are on your own". Good luck to people in the queue to convince your brothers to be with you , if and when you walk the streets of DC :) :). They are at the doorsteps of being PR and are in a different group. If some of the posts are any indication, They think they are entitled to look down on you.
3) There was a post a while ago asking whether the core group is wasting their time. Most of the time I agree. Most of us here are just for our selfish sake , despite what most preach about cause , justice , fairness , principles etc. Some to go the extent of comparing this with great fights in their home country. It is far from it. Just one air GYGC.
4) we started loosing the unity the moment we forgot our main objective. "All immigrants are in this together" and this is not country specific. Instead of fighting together with others to capture lost visa numbers and exempt family members from the quota , we tried to snatch some numbers from our friends (ROW).(Not that I believe we could get the visa recapture this year) Now we are further divided between EB2I and EB3I with the same argument. I can give you another example of selfishness. Now that these guys have EAD and AP, they don't want concurrent filing , don't want premium processing for 140. Don't want any one else interfile with EB2. Just process my application without an interruption :):). I don't care if others done even get their H1 extended or get EAD. Where we are headed with this approach ?
What do we have in store :
Just hope the stars align for you and one day you will get yours. It will happen even if it takes 10 years. Live with it because you chose it.
Don't loose sleep over some one else getting GC ahead of you. Try to live your life.
Do what ever you can to better the situation. It depends on what you believe.
If you have 10 people with you in the struggle , don't count on them to be with you tomorrow.
if you are pissed off about some thing, went it by non-violent method. feels good. Blog , watch a comedy movie or do some thing that relaxes you.
Don't be surprised if your hopes are dashed.
At the end of the day getting GC is not indicative of your education, experience,capacity , knowledge , wisdom , usefulness to this country or the other way round. "GC is just what you have, not what you are ".
I must have ruffled some feathers. If your feathers are ruffled , please see my handle. :):)
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bsnf
11-19 05:02 PM
Send 1 for me and 1 for my wife.
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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
drona
07-09 06:05 PM
Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!
GCStatus
09-15 10:16 AM
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Good one Sandy
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