desi485
02-11 01:09 PM
Friends,
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
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Leo07
12-03 11:04 AM
I like to see people who give me red dots...pay for that:)
I wouldn't mind getting red dots then.
The $5 fee is for giving someone a negative rep point and not for wrong answers
I wouldn't mind getting red dots then.
The $5 fee is for giving someone a negative rep point and not for wrong answers
eb3retro
11-02 11:55 AM
I would like to share my experience and it may help some people here.
My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
I would request everyone who is a victim of these blood sucking employers to
take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.
now that this is not a private issue anymore (you have taken the employer to the court and DOL) you can defenitely save some souls if you reveal your employer here. having said, wish everyone had courage like you. good job.
My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
I would request everyone who is a victim of these blood sucking employers to
take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.
now that this is not a private issue anymore (you have taken the employer to the court and DOL) you can defenitely save some souls if you reveal your employer here. having said, wish everyone had courage like you. good job.
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swede
05-24 02:55 PM
Still Indian IT depends on US market.
Not for very long. There are bigger, faster markets than US in the world.
No country come to the level of US yet in technology.
A joke, right? Financially maybe, technologically never. Most European countries are far more technologically advanced than US. I'm sure Japan, Hong Kong, Singapore also are all more advanced than US.
For example, only US is still using paper checks to transfer money. Using coins to pay for a phone call in phone booth. Still has no control over who lives in the country, or who goes in and out. Still not using computers for processing immigration applications (Why do I have to send in the same papers 10 times, send in tax papers, give my background info, give fingerprint 10 times.... and this all on paper... come on it is 2007 not 1907). Still drive around in cars instead of having a good inter-city connectivity with trains. No high speed trains. Still likes to see rubber stamps on official papers and believes it has any kind of value.
And so on and on and on.... I could write a book why US is behind most civilized countries. But thats ok. US is what it is.
But the worrying part is; it is going to get even worse when they kick out all the H1B etc who are here legally and provide free knowledge. And instead keeping the uneducated mass of Mexicans or south americans who run across the border illegally and then given amnesty by some fool in Congress. Good luck with that project.
Not a country I want to live in or pay tax in.
Not for very long. There are bigger, faster markets than US in the world.
No country come to the level of US yet in technology.
A joke, right? Financially maybe, technologically never. Most European countries are far more technologically advanced than US. I'm sure Japan, Hong Kong, Singapore also are all more advanced than US.
For example, only US is still using paper checks to transfer money. Using coins to pay for a phone call in phone booth. Still has no control over who lives in the country, or who goes in and out. Still not using computers for processing immigration applications (Why do I have to send in the same papers 10 times, send in tax papers, give my background info, give fingerprint 10 times.... and this all on paper... come on it is 2007 not 1907). Still drive around in cars instead of having a good inter-city connectivity with trains. No high speed trains. Still likes to see rubber stamps on official papers and believes it has any kind of value.
And so on and on and on.... I could write a book why US is behind most civilized countries. But thats ok. US is what it is.
But the worrying part is; it is going to get even worse when they kick out all the H1B etc who are here legally and provide free knowledge. And instead keeping the uneducated mass of Mexicans or south americans who run across the border illegally and then given amnesty by some fool in Congress. Good luck with that project.
Not a country I want to live in or pay tax in.
more...
ArkBird
10-07 02:56 PM
There is vast difference between US and Indian housing market crash. India RE market will not collapse like here. There may be a melt down or small correction. The simple big reason is demand for housing in middle class due to economic growth. Based on population density, US is 9 times bigger than India. Lot of land in US. But housing land is so limited in India. So there is always demand. Second reason, there is no sub-prime lending in India. Third, in India, housing loan is based on cash worthiness rather than credit worthyness like in US. So we may not see such a massive foreclosure/bankrupcy in India to bring the price down considerably like in US.
However, now the prices or extremly high, such that it can not be affordabe to people other than NRI or IT folks. 1 crore houses are very common now. Based on US economy it will definitly come down. It will be depend on how hard IT/outsourcing bussiness gets affectd in future.
True, but you are forgetting the basic definition of demand. Demand is willingness to buy supported by ability to buy. If you are from any metros in India, think how many of your Non-IT, mainstream friends draw more than Rs. 50,000 per month? How can someone making even Rs. 50,000 a month afford 50 Lakh flat?
If there are 10 people drooling out side Ferrari showroom that does not mean there is demand for 10 Ferrari :)
Cheers
ArkBird
However, now the prices or extremly high, such that it can not be affordabe to people other than NRI or IT folks. 1 crore houses are very common now. Based on US economy it will definitly come down. It will be depend on how hard IT/outsourcing bussiness gets affectd in future.
True, but you are forgetting the basic definition of demand. Demand is willingness to buy supported by ability to buy. If you are from any metros in India, think how many of your Non-IT, mainstream friends draw more than Rs. 50,000 per month? How can someone making even Rs. 50,000 a month afford 50 Lakh flat?
If there are 10 people drooling out side Ferrari showroom that does not mean there is demand for 10 Ferrari :)
Cheers
ArkBird
pappu
04-24 06:54 PM
Here is the Durbin Grassley outsourcing bill. We will be providing our analysis soon
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/outsourcingbill.pdf
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/outsourcingbill.pdf
more...
santb1975
07-01 09:33 PM
Let us list our the reasons for not complaining
If you are on a H1B
- Employer is withholding pay for 4-8 pay periods and leaving the employer would lead to losing the money
- DOL and USCIS will not be able to recover all the money the employer owes per the employment agreement even if it reported. They might only recover the $$ mentioned on LCA
- Employer does not run paychecks periodically so it might be hard to find Jobs and do a sucessful transfer of H1B visa and start the Greencard process all over again
I485 filed cases
- Employer withholds documentation and/or does not share documentation related to Labor/140 etc to be able to utilize AC21
- The Job description that was communicated to the employee while filing the Labor does not match the employee's field of work and the employee has not reviewed the LC prior to signing
Anything else?
If you are on a H1B
- Employer is withholding pay for 4-8 pay periods and leaving the employer would lead to losing the money
- DOL and USCIS will not be able to recover all the money the employer owes per the employment agreement even if it reported. They might only recover the $$ mentioned on LCA
- Employer does not run paychecks periodically so it might be hard to find Jobs and do a sucessful transfer of H1B visa and start the Greencard process all over again
I485 filed cases
- Employer withholds documentation and/or does not share documentation related to Labor/140 etc to be able to utilize AC21
- The Job description that was communicated to the employee while filing the Labor does not match the employee's field of work and the employee has not reviewed the LC prior to signing
Anything else?
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vasa
07-15 10:45 PM
Just Did...
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tariqk
12-15 09:47 AM
Congratulations for having the guts to stick it through. Not that it really matters, but I'm curious as to your occupation. I don't think I have much of an appreciation for how certain fields are magnets for unscrupulous employers like the one you described.
Now it is time to celebrate with family and friends, and get back in physical and mental shape. Make sure to get your citizenship then push hard for changes to the system. That's the light at the end of the tunnel for me, also.
TK
Now it is time to celebrate with family and friends, and get back in physical and mental shape. Make sure to get your citizenship then push hard for changes to the system. That's the light at the end of the tunnel for me, also.
TK
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chanduv23
06-08 09:17 AM
My dad came to US in 1971 and got a green card at the airport under "Employment based 3rd preference category(For engineers, Doctors and Chartered Accountantss)" though he went back after a few years. Thats how they used to give Green Cards in those days. Lot of engineers, doctors and chartered accountantss migrated in the beginning of 70s. After few years they stopped that and there was a lot of opposition to Indian professionals (professional rivalry), later stage people found it difficult to survive the rivalry, a lot of doctors went through hell when they found themselves getting fired from residencies and denied jobs. Things are a lot better now as these things are very less heard of these days.
more...
gceverywhere
07-17 05:39 PM
First of all, Thanks to IV core and everyone else who made this possible.
I agree 100% with the original poster. While it may seem
like we have won, it's really a very small relief.
We need to push for the resolution that requires the unused numbers to be used and also for some way to increase that number. It may seem like a distant dream and too big of a task but WE MUST NOT LOSE THE MOMENTUM. The worst thing about waiting for years after years is that we can not plan our lives. Using EAD could be much more complex compared to just gettting it. So in most cases you end you giving 5-10 golden years of your career. While I understand that we have made this choice to stay here and that green card is not our birth right, I think it is very dangerous to accept the status quo and to not ask for a better life.
I agree 100% with the original poster. While it may seem
like we have won, it's really a very small relief.
We need to push for the resolution that requires the unused numbers to be used and also for some way to increase that number. It may seem like a distant dream and too big of a task but WE MUST NOT LOSE THE MOMENTUM. The worst thing about waiting for years after years is that we can not plan our lives. Using EAD could be much more complex compared to just gettting it. So in most cases you end you giving 5-10 golden years of your career. While I understand that we have made this choice to stay here and that green card is not our birth right, I think it is very dangerous to accept the status quo and to not ask for a better life.
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kubmilegaGC
09-15 11:10 PM
kubmilegaGC, Thank Q, Infact I have scheduled infopass appointment on Sept 22nd, Which I will cancel it tomorrow, I don't know you have tried the infopass,
Don't miss any opps, Try them all, Good Luck and Best Wishes
wife's SR yielded in a response of "assigned to an officer on 9/11" and my infopass today (9/15) also had the same result....so I guess its a waiting game for us! I tried normal "outside of processing window" method to file SRs but now learnt about getting to directly to talk to IO...will try that tomorrow - I wish I could bug them ay this hour :)
Don't miss any opps, Try them all, Good Luck and Best Wishes
wife's SR yielded in a response of "assigned to an officer on 9/11" and my infopass today (9/15) also had the same result....so I guess its a waiting game for us! I tried normal "outside of processing window" method to file SRs but now learnt about getting to directly to talk to IO...will try that tomorrow - I wish I could bug them ay this hour :)
more...
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pappu
04-26 11:45 AM
http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
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sdrblr
09-17 01:28 PM
Nice !! congrats
I think it is time for you to remove the words "** Still waiting for magic email - have mercy!"
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
I think it is time for you to remove the words "** Still waiting for magic email - have mercy!"
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
more...
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leoindiano
11-04 12:01 PM
Congrats Vikki76,
I am happy for you. As i said, earlier, i called and explained 2 I140's situation, IO verified and told they have already consolidated A numbers and it is current, will send an email to floor. She also confirmed biometrics and Namecheck are cleared as well. I struggled with that part since, they went vermont cause of EAC receipt number....
This is a complex system for the ability and knowledge they have...
I am happy for you. As i said, earlier, i called and explained 2 I140's situation, IO verified and told they have already consolidated A numbers and it is current, will send an email to floor. She also confirmed biometrics and Namecheck are cleared as well. I struggled with that part since, they went vermont cause of EAC receipt number....
This is a complex system for the ability and knowledge they have...
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raju123
05-24 04:14 PM
Congress is putting so much of restrictions on H1B and reducing Green Card for employment based.
I think this is the time to negotiate with Businesses and try to release a joint statement that
"Business will transfer the jobs to India/China along with people who are currently on H1B and struck in Green Card backlog. This may force business to close some divisions in the US and eventually US citizens will loose job."
I think this is the time to negotiate with Businesses and try to release a joint statement that
"Business will transfer the jobs to India/China along with people who are currently on H1B and struck in Green Card backlog. This may force business to close some divisions in the US and eventually US citizens will loose job."
more...
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indimi
07-18 12:06 PM
Hi, I applied my I-485 and I 140 in June 22nd, I did not receive my receipt number yet, but I have a question, that my H-1 is expiring in October, Do I have to apply extention or should I wait for receipt number. Is that possible that I can apply the extention by my own if yes what is the proceedure for that
Thanks
Rke
Thanks
Rke
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drirshad
06-07 09:39 PM
06/07/2008: Congressional Legislative Strategy Shifts from H-1B to EB Green Card Options for Recruiting and Retaining Required Highly Skilled Foreign Workers from oh-law
* Report indicates that the H-1B visa cap adjustment efforts have been stymied by the legislative deadlock over broader immigration reform despite some bi-partisan efforts, and supporters of highly skilled foreign workers are focusing on exempting these foreign workers from the national annual limit for the employment-based immigration (140,000), particularly for the U.S. advanced degree holders, where these supporters can make the strongest case for keeping these workers in the U.S. with lesser challenges from opponents than the option to increase the number of national annual limit from 140,000 to either 290,000 or even 400,000. This strategy is evidenced by the efforts of Rep. Zoe Lofgren, Chairwoman of House Judiciary Immigration Subcommittee and Sen. Barbara Boxer in the Senate. As we reported it, these legislators have introduced several bills both in the House and the Senate to achieve the strategic target for enacting employment-based immigration relief for the business community. This trend is however not limited to these two bills. We have a bill introduced by Sen. Cornyn, another bill introduced by Sen. Norm Colman of Minnesota, a bill introduced by Rep. Kennedy, a bill introduced by Sen. Gregg to convert current Diversity Visa Program to the employment-based immigration program, etc.
* Out of the foregoing bills, Rep. Lofgren and Sen. Boxer bills are expected to face less challenge from the Hispanic Caucus in the Congress in that these bills do not propose adjustment of the employment-based immigration quota and will bring about a limited impact on overall employment-based immigration reform goals to solve the overall currently broken employment-based immigration system, and these EB supporters should eventually join the comprehensive immigration reform supporters in the future to achieve the needed overall reform in the employment-based immigration system within the context of the comprehensive reform. Surely enough, current EB bills represent piecemeal immigration legislations with lesser impact on the overall strategy of the comprehensive immigration reform strategists. Reportedly, to seize a momentum to obtain supports from the national election candidates for the next year's comprehensive immigration reform, the Hispanic strategists and comprehensive immigration reform supporters are scheduled to mobilize massive rallies during the Labor Day holiday in September throughout the country and the country will be swirled into the debates of comprehensive immigration reform legislation rather than piecemeal legislation. Accordingly, unless the supporters of the pending employment-based immigration bills work hard and successfully pursuade rather than pressure the Hispanic legislators very quickly, the odds are not too promising.
* Report indicates that the H-1B visa cap adjustment efforts have been stymied by the legislative deadlock over broader immigration reform despite some bi-partisan efforts, and supporters of highly skilled foreign workers are focusing on exempting these foreign workers from the national annual limit for the employment-based immigration (140,000), particularly for the U.S. advanced degree holders, where these supporters can make the strongest case for keeping these workers in the U.S. with lesser challenges from opponents than the option to increase the number of national annual limit from 140,000 to either 290,000 or even 400,000. This strategy is evidenced by the efforts of Rep. Zoe Lofgren, Chairwoman of House Judiciary Immigration Subcommittee and Sen. Barbara Boxer in the Senate. As we reported it, these legislators have introduced several bills both in the House and the Senate to achieve the strategic target for enacting employment-based immigration relief for the business community. This trend is however not limited to these two bills. We have a bill introduced by Sen. Cornyn, another bill introduced by Sen. Norm Colman of Minnesota, a bill introduced by Rep. Kennedy, a bill introduced by Sen. Gregg to convert current Diversity Visa Program to the employment-based immigration program, etc.
* Out of the foregoing bills, Rep. Lofgren and Sen. Boxer bills are expected to face less challenge from the Hispanic Caucus in the Congress in that these bills do not propose adjustment of the employment-based immigration quota and will bring about a limited impact on overall employment-based immigration reform goals to solve the overall currently broken employment-based immigration system, and these EB supporters should eventually join the comprehensive immigration reform supporters in the future to achieve the needed overall reform in the employment-based immigration system within the context of the comprehensive reform. Surely enough, current EB bills represent piecemeal immigration legislations with lesser impact on the overall strategy of the comprehensive immigration reform strategists. Reportedly, to seize a momentum to obtain supports from the national election candidates for the next year's comprehensive immigration reform, the Hispanic strategists and comprehensive immigration reform supporters are scheduled to mobilize massive rallies during the Labor Day holiday in September throughout the country and the country will be swirled into the debates of comprehensive immigration reform legislation rather than piecemeal legislation. Accordingly, unless the supporters of the pending employment-based immigration bills work hard and successfully pursuade rather than pressure the Hispanic legislators very quickly, the odds are not too promising.
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anil_gc
07-15 06:13 AM
Signed
Anil
Anil
innervoice
05-01 11:03 PM
I also got LUD on I-129 on 4/26/2009, might be some batch.
akred
07-14 09:43 PM
^^^
