lazycis
12-11 09:19 AM
6 months according to the USCIS website
naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
pcs
04-09 03:53 PM
For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.
SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE
We must have 100,000 members in a short time
Thanks
SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE
We must have 100,000 members in a short time
Thanks
schandra
11-24 04:50 PM
Same here too
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
more...
gman
07-29 09:55 PM
Safer way is to get legally married before GC gets approved. You can file her I-485 when she comes to the US.
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virtual55
05-06 10:55 AM
http://www.usabal.com/seminars/#a2
Michael Aytes, is one of the speaker in this conference
Michael Aytes, is one of the speaker in this conference
more...
chakalov
09-19 07:40 PM
here is the deal:
if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.
if Durbin wants to pass the DREAM act he will need Cornyn support. If Cornyn wants to pass his SKILL act he will need Durbin support. Now we all know that on its own Cornyn will never support the DREAM act and Durbin will never support the SKILL bill. The question is will they be able to cut a deal and support each others bills. The answer is maybe. Note that about a month ago there was a vote on the SKILL bill and it didnt pass simply because no Democrat voted for it. It is not because no democrat supports the bill but because of partisan tactics. There was simply no bill on the Democrats side to offset the Cornyn amedment so they decided to bring it down. Now the sitiations is different. There is a Democratic bill that can make up for the SKILL bill. So if the DREAM act passes there is pretty good chance for the SKILL act will pass too.
pappu
11-15 09:37 AM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.
more...
brav
07-31 11:20 AM
After going through all this , now we are hearing discussions that it is safe to maintain a H1B, (just) in case the 485 gets denied.
I for one would take my chances and switch from H1B to EAD.
I for one would take my chances and switch from H1B to EAD.
GCBy3000
01-14 12:52 PM
Only H1 reform is likely by feb 15th.
more...
h1bmajdoor
03-04 07:52 PM
this is obviously great news for those affected.
however the speed at which the authorities have acted, and the almost total lack of support from the Congress could imply that politics here is (like desh) is quickly heading down the "what's in it for me" path.
however the speed at which the authorities have acted, and the almost total lack of support from the Congress could imply that politics here is (like desh) is quickly heading down the "what's in it for me" path.
navyug
10-13 10:22 PM
Hi,
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
more...
pappusheth
05-02 10:43 AM
Thanks guys.. good to know that..
reddymjm
05-16 01:53 PM
Sent an email to 20 of my friends @ work to that and following up with them.
more...
jsb
08-03 10:09 PM
I applied in July, RD Jul 2nd. TSC
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?
rolrblade
07-26 09:37 AM
The Link is not working.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Sir;
What you have asked is for someone to explain the Bible to you since you only know who Jesus is :D
Anyways, I will be happy to educate you. Send me your phone no. (if you want) to rolrblade@hotmail.com and I will call you and answer your questions.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Sir;
What you have asked is for someone to explain the Bible to you since you only know who Jesus is :D
Anyways, I will be happy to educate you. Send me your phone no. (if you want) to rolrblade@hotmail.com and I will call you and answer your questions.
more...
Bogdan
06-03 11:51 PM
Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.
g_singh
06-22 04:33 PM
Please let us know what happened? We (H1Bs) are in the same boat. Did you become a member of brokerage firm (LLC).
Thanks
Thanks
InTheMoment
08-10 06:09 PM
This is not a proposal for a new law but regulations by the administration within the bounds of the current law.
My humble suggestion: Please do your homework before voicing your opinion.
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
My humble suggestion: Please do your homework before voicing your opinion.
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Anders �stberg
July 16th, 2004, 01:40 PM
Thanks for the kind comments!
I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)
I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)