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How do I know if my H1B has been revoked?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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abq_gc
08-29 11:18 AM
Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.
We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).
Totally unfair, unjustified.
Maybe we should..........
1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.
2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.
Thats all I can think of right now....
Yup, there are a lot more with PD's in 2006 who got their GC then what's evident in the forums. Most of them have like 3 posts on the forum, and Lo and behold.. the only time they wanna post something it's the news about their GC approval.... STINKS!!
Sending Letters and Lobbying is a good idea.. I support anything which will draw media attention to this scam.... just want USCIS to be exposed.. maybe even lure an honest journalist ( TIMES Magazine or Fortune ) to do an editorial about the wrong policies of USCIS.
I would say that they will be interested, as they love exposing Govt agencies in general.
To all you folks against the lawsuit, how does this idea sound ?
If anyone has a better idea, I am willing to listen.
We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).
Totally unfair, unjustified.
Maybe we should..........
1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.
2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.
Thats all I can think of right now....
Yup, there are a lot more with PD's in 2006 who got their GC then what's evident in the forums. Most of them have like 3 posts on the forum, and Lo and behold.. the only time they wanna post something it's the news about their GC approval.... STINKS!!
Sending Letters and Lobbying is a good idea.. I support anything which will draw media attention to this scam.... just want USCIS to be exposed.. maybe even lure an honest journalist ( TIMES Magazine or Fortune ) to do an editorial about the wrong policies of USCIS.
I would say that they will be interested, as they love exposing Govt agencies in general.
To all you folks against the lawsuit, how does this idea sound ?
If anyone has a better idea, I am willing to listen.
whizkid
11-19 07:12 AM
Done!
Emails sent to Vermont senators and house representatives.
Regards-
Emails sent to Vermont senators and house representatives.
Regards-
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reedandbamboo
09-13 10:11 PM
I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
more...
dhesha
08-14 08:03 PM
One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?
Libra
07-19 08:57 PM
Count me in for reimbursement - 100$
more...
hiUS
09-11 10:27 AM
I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.
To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,
let�s wait and see
approved on 8-12-08
NoWelcome notice Or Card
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
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gsc999
07-06 08:27 PM
As soon as we have confirmation of date and time and location/route, I will send out newsletters to all CA, NV, AZ and OR members who wish to participate. This is going to be good.
Sure, I will join the tomorrows march organized by fightnow. Since it is short notice for many IV members there may not be many of us there, but please feel free to join if you can. There are lot of IV members in San Jose.
Tomorrow's event will help me to finalize the location/route. I will report back tomorrow evening with updates regarding that.
Sure, I will join the tomorrows march organized by fightnow. Since it is short notice for many IV members there may not be many of us there, but please feel free to join if you can. There are lot of IV members in San Jose.
Tomorrow's event will help me to finalize the location/route. I will report back tomorrow evening with updates regarding that.
more...
h1bmajdoor
07-08 10:23 PM
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
voting is a privilege. minors, felons etc are not allowed to vote.
consitutional protections means basic protection to humans like due process, right to own property and so on.
some rights are overriden by immigration laws, like the freedom to choose employer.
but it is too late to worry about that.
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mariusp
03-18 07:57 PM
Most of us filed in July but had our cases transfered to TSC later. For example, I filed July 12 @ NSC and the receipt was generated on Sept 10 from TSC. I know of others with ND Sept 10 @ TSC who didn't receive FP notices, including coworkers of mine. It looks like someone at TSC took a few shortcuts during the receipting process.
My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
more...
rangaswamy
07-06 05:24 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
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anzerraja
07-20 03:30 AM
Thanks Mohan !!!
I pledge $150, that will put a kink in your 100 multiples :)...
You got me !!! :)
Presently in African oil fields, reaching USA on 22nd July...so how this money will be sent?
By the way, please add one coloumn in the Google Excel for the date of pledge made. I tried to do it myself once, Excel did not allow me to do so.
How do you think this will help , please let us know.
Thanks
I pledge $150, that will put a kink in your 100 multiples :)...
You got me !!! :)
Presently in African oil fields, reaching USA on 22nd July...so how this money will be sent?
By the way, please add one coloumn in the Google Excel for the date of pledge made. I tried to do it myself once, Excel did not allow me to do so.
How do you think this will help , please let us know.
Thanks
more...
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kshitijnt
05-09 07:15 PM
Western govts. understand only one language, that is lawsuits. Everything else is taken as sucking up to them and weakness. The Indian community in UK has been successful by means of lawsuits. Although I am a big fan and supporter of IV, I think the option of taking lawsuit off the table has hurt us more than it has helped us. Why are we paying $25K for FOIA when no information has come out of it? Instead we should file a grand lawsuit? All information we are expecting from FOIA would be forced to be shared in lawsuit anyway.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
I know of one such lawsuit by Mr Rajeev Khanna in 2003, although the lawsuit failed, the speed of 485 processing increased sharply soon after. We have to make bold choices as a community.
The worldwide message of Obama administration being blamed of discrimination from a president whose community was discriminated against is not something white house would be proud of.
Although I do not expect justice in american justice system, at the very least we can send a strong message across to the larger Indian community that would be watching worldwide.
The message is getting stronger in India that Obama administration is anti India for no fault of India and we can make an all out effort using media, lawsuit and everything else in our means to settle the issue once for all.
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GCEB2
09-05 11:05 AM
Dear Friends,
My GC was approved on Aug.19, 2008 and received my Physical card on Aug. 22, 2008 :):). I am wondering what to do with the I 94 , which I received after my last re-entry to USA in 2006 using AP. Any info.
regards
kris
Check this Link
http://www..com/discussion-forums/i485-1/41659377/
My GC was approved on Aug.19, 2008 and received my Physical card on Aug. 22, 2008 :):). I am wondering what to do with the I 94 , which I received after my last re-entry to USA in 2006 using AP. Any info.
regards
kris
Check this Link
http://www..com/discussion-forums/i485-1/41659377/
more...
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another one
12-17 02:43 PM
Restarted the process again in 2006 due to job change.
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Two things that help me.
1) Personally meeting lawmakers and making it obvious to them how screwed up their policies are.
2) Being ready to go back. After all, the country where i was born and spent the first 25 yrs of my life cannot be that impossible for me to live in.
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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EB3_SEP04
08-14 02:35 PM
EAD paper filed at TSC.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
more...
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mnkaushik
09-25 11:29 AM
I applied on July 23rd to NSC and today my lawyer sent me an email with scanned copy of all the receipts and they are from CSC.
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mhathi
08-01 01:12 PM
We are in the same situation... This will be a good thread to track receipts for cases specifcally like ours. That way, we will know at least when the first batch of cases will be transferred to TSC.
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reddymjm
06-12 07:49 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I know atleast 5 friends whose applications reached NSC on 06/04/2007. No updates yet. I am very +ve they will soon as they are even working weekends....
gcstudent
08-31 02:43 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.
you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.
Libra
07-19 08:57 PM
Count me in for reimbursement - 100$
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