Tuesday, June 14, 2011

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  • needhelp!
    03-12 11:06 AM
    Surely we know each other then!! :)

    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!

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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.

    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.

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  • cucubau
    10-17 01:51 PM
    A co-worker and I applied together at exactly the same time.
    We got approvals for LC and I-140 within weeks of each other.
    Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
    FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:

    This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?


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  • quizzer
    10-11 12:43 PM

    when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?

    My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.

    All the best!!!



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  • go_guy123
    03-01 11:40 PM
    I am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.

    Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.

    what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "

    To apply for your spouse you need to fine a family based immigration for your wife

    The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR

    There was a major change in the visa rule in Feb 2008

    The setence "visa ficer shall" was changed to "visa officer may"


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  • sa.node
    02-21 04:16 PM
    @Raysaikat, Paskal.
    thanks for your prompt replies.
    Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
    I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
    ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.

    I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.


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  • desi3933
    03-09 12:01 PM
    This is my understanding.

    when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.

    How will USCIS know that the beneficiary has switched out of H1 status ?

    You are right.

    Employer must pay H-1 employee salary until
    1. employee is notified of job termination (or employee resigns)
    2. USCIS is notified of such termination by request to cancel the H-1B petition.

    Not a legal advice.
    US citizen of Indian origin

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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.


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  • gc_seeker_2001
    02-04 12:39 AM
    I did a bit more reasearch and found out that, I won't loose the EB3 priority date after the EB2 I-140 approval. I will have both options (EB3 & EB2) open. I will be able to use either of them depending upon what is current at that time.

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  • rkumar18
    07-09 10:14 AM
    If you search...you will find more of these ads!


    This is your last chance to get labor substitution done !


    If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !

    Please call Purvi immediately at 732-494-4999 x 104
    or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.


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  • leo4ever
    02-16 10:33 AM
    Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.

    Always "united we Stand" - hum hai Hindustani.


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  • ragz4u
    04-10 05:04 PM


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  • whattodo21
    10-25 09:22 AM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?

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  • gcdreamer05
    11-05 03:27 PM
    After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

    It is defintely not going to happen in the near future.....

    So even finding a pattern may not help as its not going to be current for all for EB3 atleast.


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  • 485Mbe4001
    04-20 01:04 AM
    gc_chahiye, if you want gc_chahiye then call and talk to your lawmaker. Last year only a handful of them knew about the problems related to skilled immigration. Today many more recognize our issues, but a lot more is needed.

    We cannot assume that all the lawmakers know what 'EB' or 'Retrogression' means, if you want a GC then take the first step of empowering yourself by calling your lawmaker and educating them about this mess. Try it, you will thank yourself.

    We all have powerful human interest stories, discussing them on forums will provide stress relief for a short time. Discussing it with people that matter will make a bigger difference.

    can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?

    Googling around, and am not able to find anything...

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  • gcman2005
    10-08 11:04 AM

    I have following situation and need some help on making my travel decision:

    1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.

    2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.

    3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.

    4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.

    5. My pay stubs are still issued with name of Campany A.

    6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?

    7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?

    8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?

    9. What are the risks in this travel ?


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  • copsmart
    02-10 09:30 PM

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.

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  • glores1970
    09-20 01:10 PM
    We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.

    The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.

    I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.

    Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?

    Thanks for your help.

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  • diptam
    02-24 04:30 PM
    The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.

    But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.

    The choice is yours !

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.

    02-10 05:25 PM
    India EB with PD 1999 - How many pending ?
    India EB with PD 2000 - How many pending ?
    India EB with PD 2001- How many pending ?
    India EB with PD 2002- How many pending ?
    For USCIS it might be just the tap of a button to tell the numbers. All computerized , right ?

    02-15 09:15 AM
    why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
    If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS

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