minimalist
01-30 04:40 PM
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
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sankar_203
04-21 10:32 AM
i guess ur fine. My collegue here won similar case in NJ. I am sure they'll pay u if u put little pressure on them. I would think twice before i report him to DOL & DHS only the reason being it might affect all other employees that are currently working for your previous company. If they don't pay u, i guess u have no choice to go for a fomal complaint.
h1bmajdoor
07-08 05:01 PM
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
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kshitijnt
05-10 09:22 PM
Too bad you did not bother reading up on the net before you took your job. I researched what is involved prior to leaving grad school and I knew it was a long wait. Like I said quota is there because of numbers / diversity. US needs programmers from more than just one country.
And its not really a quota since numbers are rolled at the end of the year to oversubscribed countries. Your notion of separate queues derives from your ignorance of how immigration works. Why hasn't anyone challenged the quota in the Supreme Court ?
Maybe we will. If community comes together. Lawsuit requires lot of money. There is a saying in India that a wise man should never climb the steps of the court, however; after repeated insults and discriminations he becomes unwise. And good that you read the rules, but you said something like grad school? Was it US grad school? Dont you know criterion and intention on F1 is to go back? I came here on H1 directly. At that time, I was too young and naive to see the sandtraps. You cant blame for someone falling in a well disguised hole.
And its not really a quota since numbers are rolled at the end of the year to oversubscribed countries. Your notion of separate queues derives from your ignorance of how immigration works. Why hasn't anyone challenged the quota in the Supreme Court ?
Maybe we will. If community comes together. Lawsuit requires lot of money. There is a saying in India that a wise man should never climb the steps of the court, however; after repeated insults and discriminations he becomes unwise. And good that you read the rules, but you said something like grad school? Was it US grad school? Dont you know criterion and intention on F1 is to go back? I came here on H1 directly. At that time, I was too young and naive to see the sandtraps. You cant blame for someone falling in a well disguised hole.
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RockyRocky
09-03 04:09 PM
sk2006, could you please share more details ?? like when exactly you got card production email , when u got approval notice email and when exactly u received physical GC.
sk2006 -- can u shed some light on above please?
sk2006 -- can u shed some light on above please?
rajeshalex
07-24 11:35 AM
applied on July 7th. Check cashed on July 11th
Waiting for receipt/approval
Waiting for receipt/approval
more...
anilkumar0902
09-14 01:29 AM
Filed I-485 on July 31,2007. Checks cashed on Sep 10th and received Receipt Notices for me and my wife through the attorney yesterday. I am in the EB-2 category with PD: Oct 2005.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
However, on both of our I-485 receipt notices, the Category shows up as "Unknown" ...Has anyone else faced any such thing...
Please advice.
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potatoeater
05-08 05:06 PM
http://immigrationvoice.org/forum/showpost.php?p=333828&postcount=6
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
Specifically the line..
"In fact, I predict retrogression to U level in EB2-I also."
And send me money if you want any more accurate predictions for the future. :)
Looks like my calling is in astrology. :)
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feedfront
08-30 12:34 PM
I've not seen approval from TSC this month. Good luck to all who are waiting and congratulations to all who got GC this month.
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jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
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gcspace
01-21 01:29 PM
I have EB2 PERM and EB3 I140 approved. Since my EB3 PD date is earlier than EB2 PD , my lawyer filed my 485 with EB3 I140.
Is there any way to find from 485 receipt or application which I140 was used for filing ?
Is there any way to find from 485 receipt or application which I140 was used for filing ?
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surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
more...
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clockwork
07-02 09:53 AM
Only 50 people mailed their package for July 2nd delivery. You got to be kidding. Please post details of your friends as well if they shipped on July 2nd. I remember seeing a post on another thread with speculation of 100K packages. Thanks -:confused: :confused: :confused: :confused: :confused:
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Greatdesi
08-28 09:32 PM
My wife and I submitted affidavits about the date of birth. We received our approvals 10 days without any RFEs about those affidavits.
-GK
Submitted affidavit for my wife too. No issues.
-GK
Submitted affidavit for my wife too. No issues.
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mita
08-12 02:31 PM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
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gc_kaavaali
08-31 01:52 PM
Congratulations!!!!
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
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vjkypally
07-20 09:34 AM
I pledge 100$.I know this is nothing compared to the sacrifices made by Aman.
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eastindia
01-14 09:58 AM
Has anyone been checking all the predictions if they are now true after 4 months?
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venky08
12-18 06:16 PM
The ideas and concepts of releasing your unlimited potential can only be turned into reality if you take bold action now. Wishful thinking will not make your dreams come true. . If you want to be free your thinking must control your limitations instead of your limitations controlling your thinking. Look at your life for a moment! What do you see? Do you see opportunity, love, happiness, success and fulfillment? Or, have you mentally set up restrictive limitations? If so, the fact that you have declared yourself a prisoner will make you a prisoner. Once you make up your mind to be free and declare that you are �sick and tired of being sick and tired,� you will be motivated to make necessary moves toward liberation. The truth is, you will remain where you are only as long as you hold yourself prisoner. There are only �ordinary� people who have decided to do �great� things. These are people who are motivated by a burning desire to be free in order to express their unlimited potential. Instead of blaming others for their condition, they took action to change their situation.
Hope this helps someone somewhere...
it certainly helped me...thanks for posting this...
Hope this helps someone somewhere...
it certainly helped me...thanks for posting this...
greyhair
09-26 09:39 AM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Most of us are analyst by profession. Maybe that is one of the reasons most of us are always engaged in analysis and optimization of the system, to suit our own individual application. All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up. Every person is at a different stage so most of the people are always fighting with each other.
This is some thing we should work on.
Who should work on this? "WE". You created action item for whom? Who is "WE"?
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
Most of us are analyst by profession. Maybe that is one of the reasons most of us are always engaged in analysis and optimization of the system, to suit our own individual application. All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up. Every person is at a different stage so most of the people are always fighting with each other.
This is some thing we should work on.
Who should work on this? "WE". You created action item for whom? Who is "WE"?
h1techSlave
03-10 12:49 PM
The plan that mirage is talking about is to contact only the lawmakers who are already well versed with immigration.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
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