pappu
07-01 08:26 PM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
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rama0083
07-18 10:26 AM
Date Delivered To USCIS: July-02-2007
Time Delivered To USCIS: 10:34 AM
Service Center: NSC
Rejected: Don't Know
Checks cashed: No
Priority Date: May-24-2004
Category: EB-2
Time Delivered To USCIS: 10:34 AM
Service Center: NSC
Rejected: Don't Know
Checks cashed: No
Priority Date: May-24-2004
Category: EB-2
red1234
07-10 01:34 PM
talked to my attorney and he did get 1 or 2 applications back from USCIS. but he is not sure whether it is from July 2nd filers or after that.
obviously they are returning applications.
obviously they are returning applications.
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06-12 09:13 AM
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jonty_11
02-01 03:20 PM
A desi consulting company brought him to the US. When they realized he wasn't going to get a project, they just didn't let go of him. Since he was a reliable guy (1. he can be trusted with monthly grocery payment 2. his labor can be sold later to others 3. he servres as an insider who can get information if other consultants are trying to be sneaky by getting their resumes marketed by another company, etc etc, basically he is an asset even thought he doesn't have a project), they just decided to keep him there. These companies don't have attorneys. They take care of all legal matters themselves. Now, how much is hte USCIS fee to file for labor? How much to file for I-140? Peanuts right? So they continue to keep his application active. How hard do you think it is to get fake references when you can make fake resumes. They have fake pay stubs. Fake experience. Fake this and fake that. Everything they do is fake.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
unitednations
03-31 11:56 AM
Can you upload the denial notice - off course you can erase the confidential information. It will be useful to us.
I'll have to do it by tomorrow. there is nothing special in the denial notice.
I'll have to do it by tomorrow. there is nothing special in the denial notice.
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akela_topchi
06-03 04:51 PM
I called all of them. Was able to speak to 4, left voice message for remaining.
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485Mbe4001
06-13 11:53 AM
I do beg to differ, nice post but low on facts, its more conjecture and assumptions.
PHDs - EB1 dont make the kind of cash you have shown (ask the post docs who are working there asses off), similarly EB 3's are not restricted to the range you are talking about.
Gaming the system is what screwed us, its not just EB3 its every where. The ones who gamed the system already have their GCs. The extent of gaming in EB1 and EB2 was more than EB3 (ask a lawyer, off the record and you will know). Bodyshopping companies send every one as project managers and they apply in EB2. as for experience, lets not get into that, it is very subjective and vague. I could go on and on...but my level of frusturation with USCIS is too high...hoping and praying is also not an option these days.
just call the CHC members
Nice post, containing real facts.
PHDs - EB1 dont make the kind of cash you have shown (ask the post docs who are working there asses off), similarly EB 3's are not restricted to the range you are talking about.
Gaming the system is what screwed us, its not just EB3 its every where. The ones who gamed the system already have their GCs. The extent of gaming in EB1 and EB2 was more than EB3 (ask a lawyer, off the record and you will know). Bodyshopping companies send every one as project managers and they apply in EB2. as for experience, lets not get into that, it is very subjective and vague. I could go on and on...but my level of frusturation with USCIS is too high...hoping and praying is also not an option these days.
just call the CHC members
Nice post, containing real facts.
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Macaca
02-05 05:34 PM
And as far as "nothing is happening, let's get temporary relief and let's not fight for more numbers" idea is concerned, we are already doing that by trying to get 485 filing provision done in next few days as a temporary relief.
Something to look forward to. Cheer up folks and quit fighting/quiting and start you know what I rant.
Should have mentioned the following obvious thing in your first post.
EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.
Something to look forward to. Cheer up folks and quit fighting/quiting and start you know what I rant.
Should have mentioned the following obvious thing in your first post.
EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.
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lazycis
01-09 08:40 AM
I am married to a US citizen and I got my I-485 interview on 1/4/08 and IO said we have no problem about the interview. He said if I had my NC cleared I would get the GC in 2 weeks.
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)
I have a few questions;
1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?
2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?
3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?
I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.
Please someone help...
thanks for your time.
1. May.
2. Unforunately it's the same process. I know folks stuck for 3-4 years waiting for NC in marriage-based cases. But do not be scared, it looks like most of the delays are attributed to older cases. It seems NC procedures has been improved lately.
3. It's the USCIS policy not to respond to status inquiries if there was any action on your application within last 60 days. It does not mean the USCIS cannot work on your application.
It was a good decision not to leave the country. How many days were you out of status?
I submitted I-485 on 5/11/07 so I assume that my name was forwarded to FBI sometime around May/07, 8 months ago. I made a mistake on my affidavit and I had to resubmit it on Aug/07 (I-485 was fine)
I have a few questions;
1- Since I resubmitted some papers on Aug (not I-485), would my name be forwarded to FBI on Aug or on May 11 (Priority date of I-485 is 5/11/07)?
2- Most of the cases here seem to be about EB GC. Is there anyone who has the same problems with me? Is the procedure different for GC through marriage?
3- When my wife called USCIS, IO told that they cannot do anything before 60 days after the interview. is that true?
I was out of status when I got married so I cannot leave without GC. we want to move to my country but now we are stuck. it is frustrating.
Please someone help...
thanks for your time.
1. May.
2. Unforunately it's the same process. I know folks stuck for 3-4 years waiting for NC in marriage-based cases. But do not be scared, it looks like most of the delays are attributed to older cases. It seems NC procedures has been improved lately.
3. It's the USCIS policy not to respond to status inquiries if there was any action on your application within last 60 days. It does not mean the USCIS cannot work on your application.
It was a good decision not to leave the country. How many days were you out of status?
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Macaca
03-08 08:28 PM
Can we take the following decision. (this question is for the regular members who reply to peoples queries)
Questions that ask for any help or suggestion will be answered only if the persons signature mentions that they have contributed.
People who dont want to contribute can go to elsewhere and ask questions
It is not fair to expect a member to contribute the moment (s)he joins. It takes some time to understand the impact of GC problems and get a good feeling about IV activities. IV can not post its activities on forums. You will be surprised to know that anti-immigration organizations are well organized.
However, we have numerous members with 50+ posts and 3+ month of membership with no intension to contribute $20 (you will not get 2 Indian Buffet's in Washington DC for $20; it takes $4 (metro up) + $4 (metro down) + $4 (parking) everyday to DC).
I (and other members) have literally begged some of these members. One particular member says (s)he is going back to his/her country but starts posting obnoxious messages after a few weeks.
Questions that ask for any help or suggestion will be answered only if the persons signature mentions that they have contributed.
People who dont want to contribute can go to elsewhere and ask questions
It is not fair to expect a member to contribute the moment (s)he joins. It takes some time to understand the impact of GC problems and get a good feeling about IV activities. IV can not post its activities on forums. You will be surprised to know that anti-immigration organizations are well organized.
However, we have numerous members with 50+ posts and 3+ month of membership with no intension to contribute $20 (you will not get 2 Indian Buffet's in Washington DC for $20; it takes $4 (metro up) + $4 (metro down) + $4 (parking) everyday to DC).
I (and other members) have literally begged some of these members. One particular member says (s)he is going back to his/her country but starts posting obnoxious messages after a few weeks.
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ajay
12-07 12:08 PM
I also used points provided by altergo to send my story. Let us see if all of this will make some help in getting some real help.
Thanks to altergo for initiating this.
Thanks to altergo for initiating this.
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desi485
02-26 03:06 PM
I dont think they will stamp like that...If you show only AP they stamp I-94 based on its expiry says AOS pending or If you show only H1-B visa on PP they stamp I-94 based on Visa expire date..
But showing both at POE doesn't not give any value and also it might confuses IO..
HTH,
YTH.
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
Note: As many people have specified in their signature, this is not a legal advice and always consult your own attorney for your own case with all the details.
But showing both at POE doesn't not give any value and also it might confuses IO..
HTH,
YTH.
Meanwhile, my lawyer today emailed & confirmed that the h1b will be valid even after using AP to travel and one can also renew or transfer the h1b. Even after the current I-94 expires obtained using AP, if one has still valid EAD or H1B I-797, he/she will be in status. However she also said that this is tricky situation and she could not find any CIS memo.
HOPE THIS WILL STILL SOLVE MANY PEOPLE'S DOUBTS.
Now I see no reason why anyone should NOT use AP to travel. Why should ANYONE waste money and time for restamping and take a small chance???
However as "Ramba" said in post# 27, it is still a small chance as no one knows what is exactly the CIS rules.
Note: As many people have specified in their signature, this is not a legal advice and always consult your own attorney for your own case with all the details.
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GCSOON-Ihope
12-09 11:46 AM
Congrats on your successful journey! Can one file WOM after 6-7 months of waiting on 485 with pending security check from fbi? Thanks.
Thank you guys, thank you all for your congratulations!
When can you file WOM? It's a grey area. When the Name Check has been pending for more than 2 years like in my situation, then you definitely have "a case". However, I have heard that some people do it after "only" one year.
Impossible to tell really when it's the "best" time to do it...
Thank you guys, thank you all for your congratulations!
When can you file WOM? It's a grey area. When the Name Check has been pending for more than 2 years like in my situation, then you definitely have "a case". However, I have heard that some people do it after "only" one year.
Impossible to tell really when it's the "best" time to do it...
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trueguy
08-11 02:43 PM
I guess it has less to do with estimates, and more about looking at the landscape. If there are significant portion of responses are above your date, one might, for example, choose to initiate porting/reclassification process if one qualifies for it.
Good thread. I am wondering the reasons for lack of response between Jan and March of 2002.
I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?
Good thread. I am wondering the reasons for lack of response between Jan and March of 2002.
I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?
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absaarkhan
08-20 01:17 PM
My Situation is Similar to Yours.
So it looks like you were able to GET H1 TRANSFER / EXTENSION
With Another Employer, Even After Entering US on Advance Parole.
I have a few Questions for you I would appreciate if you can please answer them :
1. When you Applied for H1B Transfer in Permium Processing, which I-94 #
did you gave to USCIS.
2. What did u or Attroney answered for Last Manner of Entry Question
3. Are you within the 6 Years limit for H1B or beyond i.e. using I-140 Approval.
4. Did u get any RFE for your H1B after using AP.
Please let me know.
Good job laying out all usecases "add78".
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
So it looks like you were able to GET H1 TRANSFER / EXTENSION
With Another Employer, Even After Entering US on Advance Parole.
I have a few Questions for you I would appreciate if you can please answer them :
1. When you Applied for H1B Transfer in Permium Processing, which I-94 #
did you gave to USCIS.
2. What did u or Attroney answered for Last Manner of Entry Question
3. Are you within the 6 Years limit for H1B or beyond i.e. using I-140 Approval.
4. Did u get any RFE for your H1B after using AP.
Please let me know.
Good job laying out all usecases "add78".
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
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diptam
05-24 01:39 PM
Guys , I want to setup a poll for finding out how many of us would leave US if this bill passes w/o our provisions....how to setup a poll ...can some one set it up..
Say how many will be Forced to Leave after it passes ??? Remember we are kicked out now -- we will circle back with them after 3-4 years at low cost high tech hubs like Bangalore/Shanghai !!!!
Say how many will be Forced to Leave after it passes ??? Remember we are kicked out now -- we will circle back with them after 3-4 years at low cost high tech hubs like Bangalore/Shanghai !!!!
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sunny1000
07-16 09:17 PM
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vikram2101
08-22 02:01 PM
>> which country would you side?
Without a doubt, USA as I am a US citizen and USA is my country.
that would most certainly be the politically correct thing to say. Unfortunately, most people don't come with an OFF/ON switch.. Yesterday, I was a citizen of X - country , I support X whole heartedly, today, I am a citizen of Z - country, so I will support Z whole heartedly - more so because the whole naturalization process is not an OFF/ON switch either.
Without a doubt, USA as I am a US citizen and USA is my country.
that would most certainly be the politically correct thing to say. Unfortunately, most people don't come with an OFF/ON switch.. Yesterday, I was a citizen of X - country , I support X whole heartedly, today, I am a citizen of Z - country, so I will support Z whole heartedly - more so because the whole naturalization process is not an OFF/ON switch either.
sledge_hammer
01-31 09:46 AM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
va_labor2002
07-27 10:04 AM
If you have secure permanent job with a solid Company,it is better to buy a home. I have a well secured job and I bought the house back in 2002. Home prices were less in 2002 compare to 2006.
But, if you are a consultant or working for a small company ,it may be better to wait till you get GC. But remember one thing, even if you get GC or Citizenship,if you loose your job and have a big mortgage to pay off,you will be in big trouble to make the monthly payment. This is true for even US Citizens !
But, if you are optimistic and ready to take some risk,you may be making some Good amount of profit in the future ! I was very optimistic and took some risk in 2002 and now I am in a Safer Side ! Think about it
Buying a house is a risky proposition on H1 specially considering the fact that if one is laid-off and needs to relocate within a short-time then one may end up loosing money. Besides getting into the hasseles of home maintainence is trouble-some and expensive and probably not worth the time and effort if one is uncertain about their future in this country.
Having said that if an individual is good at taking calculated risks and has a secure job then rewards are truly exceptional. I would rather wait atleast till the time of filling I-485 before making any long-term investments in this country. I know lot of my friends are probably going to do the same.
Good luck.
But, if you are a consultant or working for a small company ,it may be better to wait till you get GC. But remember one thing, even if you get GC or Citizenship,if you loose your job and have a big mortgage to pay off,you will be in big trouble to make the monthly payment. This is true for even US Citizens !
But, if you are optimistic and ready to take some risk,you may be making some Good amount of profit in the future ! I was very optimistic and took some risk in 2002 and now I am in a Safer Side ! Think about it
Buying a house is a risky proposition on H1 specially considering the fact that if one is laid-off and needs to relocate within a short-time then one may end up loosing money. Besides getting into the hasseles of home maintainence is trouble-some and expensive and probably not worth the time and effort if one is uncertain about their future in this country.
Having said that if an individual is good at taking calculated risks and has a secure job then rewards are truly exceptional. I would rather wait atleast till the time of filling I-485 before making any long-term investments in this country. I know lot of my friends are probably going to do the same.
Good luck.
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