pappu
05-20 08:31 PM
Good post
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girijas
06-13 04:17 PM
It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
gimmemygreen
01-07 12:14 AM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.
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gkaplan
04-22 12:13 AM
country if birth is germany
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agupta_13
04-22 07:32 PM
I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
imh1b
02-04 03:45 PM
How did you celebrate?
What are your changed plans now in life?
What are your changed plans now in life?
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amitjoey
01-26 11:16 AM
Remember although this bill is only for PHD holders as it states now- It is too early to say if it will see the light of the day- if it will get through the committee and get on the calender and finally get on the floor.
It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.
It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.
It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.
It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.
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sabr
09-19 05:39 PM
meaning I can work for company B now and even though my h1b renewal approves with company A? then when I feel like I can go out and reenter before the h1b renewal period ends?
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hopelessGC
04-21 01:45 PM
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
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nsveta
04-22 04:57 PM
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
more...
santb1975
02-14 12:47 PM
We need help
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siva007
04-02 05:25 PM
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thanks
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tulips
10-15 03:00 PM
Hello,
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
Sorry to be posting here but how do I start a new post?
Here is my situation:
My husband started GC and our PD is nov 2006. I 140 approved. I am on H1 B. Now, my husband decided to move out of country for studies. So, our application is abandoned right? We have not received any RFEs so can he still apply for AP? Otherwise, how else can he visit USA...H4? Can he still get H4? If yes can it be applied from any US embassy? What all documents are needed? OR should he just try tourist visa now?
Thank you!
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90210
05-10 08:13 PM
I-140 approved, and more than 6 months since 485 application.
I just used my AP. Now can I change the employer on H1? I am hearing something that the latest I-94(that I got at POE last week) has my status as AOS, so the H1 transfer may not be possible. Is this true?
I am sure lot of the people has the same question. Can some clarify?
I just used my AP. Now can I change the employer on H1? I am hearing something that the latest I-94(that I got at POE last week) has my status as AOS, so the H1 transfer may not be possible. Is this true?
I am sure lot of the people has the same question. Can some clarify?
more...
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GCwaitforever
02-27 03:46 PM
I will offer a different perspective. There are IT packages for every application nowadays. If you have expertize in your own field (Bio Engineering or Finance for example), try to think of unmet needs in your functional expertize areas and come up with a software product. That will be the best use of your knowledge. And do not forget IV, when your product becomes a big hit and you become a millionaire.;)
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chicagobuddy
05-25 01:47 AM
hello krish,
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
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nirdlalegcade
02-26 12:34 AM
Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!
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logiclife
12-01 03:33 PM
The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)
That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?
But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).
As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.
That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?
But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).
As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.
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romeshtrisal
10-19 11:06 AM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
fundo14
02-19 12:36 PM
Hi All,
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
gcseeker2002
02-20 04:21 PM
gcseeker2002,
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
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