desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
wallpaper 10 weeks pregnant. tattoo I am
godspeed
02-12 03:33 PM
bump
gccovet
02-09 03:38 PM
Hi,
I have sent my contribution of $21 through paypal.
Payment Sent (Unique Transaction ID #0FB67301XJ308793P)
Thank you Pachaik,
With 15 contributors, We are now at $484.00
I have sent my contribution of $21 through paypal.
Payment Sent (Unique Transaction ID #0FB67301XJ308793P)
Thank you Pachaik,
With 15 contributors, We are now at $484.00
2011 candy 10+weeks+pregnant+
gc_peshwa
11-17 03:37 PM
Done. For me all california legislators are heavily PRO-immigration. Its like convincing the "convinced"! Is there anything else you want us to do right now?
more...
chanduv23
02-18 02:36 PM
thanks kumar_459. Just one for today so far.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
shukla77
02-18 04:15 PM
Agree with mostly what you have said. Question still remains what causes people not to contribute even 20$ now while in the past they have contributed 50 , 100 or even more. Just something to think about.
I disagree. Changes in laws do not happen overnight and any efforts that core is making cannot be made public all the time. If they can get thousands of people the benefit of moving to EAD etc. then I am sure they are working behind the scenes to get more favorable changes done when the time is right. I have faith in their ability.
Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.
I disagree. Changes in laws do not happen overnight and any efforts that core is making cannot be made public all the time. If they can get thousands of people the benefit of moving to EAD etc. then I am sure they are working behind the scenes to get more favorable changes done when the time is right. I have faith in their ability.
Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.
more...
permfiling
05-08 03:17 PM
You can still go to court against the congress, that is what is the freedom of constitution in this country.
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
Since Obama administration has a open door policy, why don't we take a appointment and discuss this issue ?
2010 am ELEVEN weeks pregnant!
The7zen
05-09 12:16 AM
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
Well...where are we meeting ?
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
Well...where are we meeting ?
more...
raydon
08-18 09:34 PM
Applied for EAD (paper based) on July 18, 2008. I-765 approved 08/14. Received the cards in the mail today valid for upto Aug 2010. Losing 2 months since previous EAD was valid for upto 10/18.
Surprisingly the application asked for 2-yr cards if the I-140 petition is approved. As far as I know, my petition is still pending approval at TSC. No LUDs or email updates or anything of the kind. Maybe I should check whether this means an impending I-140 approval or if it's in "approvable state".
My category is EB3 - March 2004.
Good luck to all for their respective approvals.
Surprisingly the application asked for 2-yr cards if the I-140 petition is approved. As far as I know, my petition is still pending approval at TSC. No LUDs or email updates or anything of the kind. Maybe I should check whether this means an impending I-140 approval or if it's in "approvable state".
My category is EB3 - March 2004.
Good luck to all for their respective approvals.
hair 10 weeks pregnant.
pittdude
02-18 11:13 PM
bump..
more...
smuggymba
07-21 10:34 AM
I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?
hot 10 weeks pregnant
bostonqa
06-11 01:37 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
I think the answer is yes, we will get our EAD and AP.
USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)
they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP
more...
house 10 Weeks Pregnant
Macaca
12-10 10:17 AM
I forgot to say that I am going full speed ahead and staying the course.
I am doing the following even if there are 0 takers.
Educate lawmakers about retorgression.
Prioritize interim options based on controversial factor. Some forum posts have good ideas.
Start right now. I don't know how to enjoy holidays without any hope.
I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the
process and platform (senate/congress) on which retrogression will be addressed.
process and platform on which interim measure can be introduced.
effect of each interim measure.
I am doing the following even if there are 0 takers.
Educate lawmakers about retorgression.
Prioritize interim options based on controversial factor. Some forum posts have good ideas.
Start right now. I don't know how to enjoy holidays without any hope.
I don't understand all the issues (like EAD). In order to proceed, I am trying to understand (= validate + document) the
process and platform (senate/congress) on which retrogression will be addressed.
process and platform on which interim measure can be introduced.
effect of each interim measure.
tattoo half months pregnant.
eb3_nepa
05-03 05:01 PM
Only if PD is current!!!
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
knnmbd,
If u can only file for AOS if PD is current then how does it work?
I thought that if u had an advanced degree u were exempt from the quota right? So then cant u just apply?
more...
pictures 10 weeks pregnant
reddymjm
05-05 04:24 PM
The guy Affirmatively said "It will be June 2002" and gave me red because the dates i gave were behind , Ithought it was funny because we are all playing the prediction game.....
I am thinking if I should i start a game to predict the dates, and who ever gets closest date will get few greens..... ;)
:D
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
I am thinking if I should i start a game to predict the dates, and who ever gets closest date will get few greens..... ;)
:D
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
dresses pics of 10 weeks pregnant
sanhari
08-24 02:27 PM
Anybody have any update or heard anything on the visa recapture bill HR5658(111th congress)?
more...
makeup 18 weeks pregnant with twins
BharatPremi
11-01 05:21 PM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I would take 3 months of vacation (With written vacation approval from this date to that date)at present employer ( Even with "No Pay"), come back from India, THEN QUIT and then join new employer.
girlfriend two weeks of pregnancy
nish17
06-22 01:47 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
hairstyles 10 Weeks Pregnant
desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
PDOCT05
09-18 07:59 AM
Hello, Anyone on July 3rd R.William 9:00am NSC has not received receipt...please let me know.
Now I am worried, I called today(17th sep) but no news on my record.
PD:May 2006
140: Aug 2006
i-485 : @ NSC july 3rd waiting for receipt
July 3rd R.William 9:00am NSC
Same here no receipts yet or no updates.
Now I am worried, I called today(17th sep) but no news on my record.
PD:May 2006
140: Aug 2006
i-485 : @ NSC july 3rd waiting for receipt
July 3rd R.William 9:00am NSC
Same here no receipts yet or no updates.
andycool
08-25 05:51 AM
Congrats man...U took off as well :)
Thanks Buddy
Thanks Buddy
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