a_paul1
04-02 08:41 PM
1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
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skd
07-18 10:27 AM
DateDelivered: July 2nd
TimeDelivered: Not Sure
Center: Texas Center
Status: Don't Know
Checks cashed: Don't Know
TimeDelivered: Not Sure
Center: Texas Center
Status: Don't Know
Checks cashed: Don't Know
satishku_2000
05-24 11:57 PM
Student loans too ......
http://www.shusterman.com/pdf/senatebill51807.pdf
Page 298 line 11 section 616.
I am not surprised if a Senator brings up amendment to fund all these stundent loans by H1 people.
I am not sure if this bill is ever gonna make it to presidents desk
http://www.shusterman.com/pdf/senatebill51807.pdf
Page 298 line 11 section 616.
I am not surprised if a Senator brings up amendment to fund all these stundent loans by H1 people.
I am not sure if this bill is ever gonna make it to presidents desk
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a1b2c3
04-30 08:32 PM
Hi,
Its been two months passed since i got GC. My question is , Is it necessary to stay with employer for atleast six months after getting GC. Would really appreciate if someone helps me out.
Yes, I have the same question. Everything is a good practice recommendation. That is confusing.
And I thought it was one year. Is it 6 months?:confused:
Its been two months passed since i got GC. My question is , Is it necessary to stay with employer for atleast six months after getting GC. Would really appreciate if someone helps me out.
Yes, I have the same question. Everything is a good practice recommendation. That is confusing.
And I thought it was one year. Is it 6 months?:confused:
more...
a1b2c3
04-27 05:28 PM
good to know taht img is decent...however iam not sure how many months tehy took to take care of that claim..we still have cl\aims from december...
thanksjgh for ur post..
have also used IMG/Sirius for my mom.100k with $100 deductiible.
Is this company not recommended? How do they compare with others? Please clarify.
thanksjgh for ur post..
have also used IMG/Sirius for my mom.100k with $100 deductiible.
Is this company not recommended? How do they compare with others? Please clarify.
v2neha
11-01 06:06 PM
I won't go back - not because I am lazy or afraid of smarter people back home. I won't go back - not because I love USA dearly and not because I can't put up with hardships of my home country.
I won't go back because I did not come here to go back in the first place. I won't go back because my going back will change nothing. I won't go back because I love my job even if I can't change it. I won't go back because my kids have friends here. I won't go back because I am not the kind that gives up - even in the name of a social movement.
I won't go back because I did not come here to go back in the first place. I won't go back because my going back will change nothing. I won't go back because I love my job even if I can't change it. I won't go back because my kids have friends here. I won't go back because I am not the kind that gives up - even in the name of a social movement.
more...
nat23
02-13 02:50 PM
What really baffles me is the attitude of some members in this forum. They contribute $20 a month (some dont even do that) and want to be treated as a Congressman , with updates & news flashes.
Get real people. First of all your contribution of $20 is nothing compared to what we are up against. We want to push for a change in law in a foreign country, which will impact generations of this country with a small contribution of $20.
The point being: If you cant run the show then shut up and watch it. Give your advise when asked for and dont pretend to own it.
Get real people. First of all your contribution of $20 is nothing compared to what we are up against. We want to push for a change in law in a foreign country, which will impact generations of this country with a small contribution of $20.
The point being: If you cant run the show then shut up and watch it. Give your advise when asked for and dont pretend to own it.
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GcSTART1
07-01 01:39 PM
I just joined the form but would like to call...Any body knows who should i call for Massachusetts?
more...
pansworld
12-02 01:43 AM
We can always convey that the amounts can and will be adjusted based on need. But let's set a target. Disclose the goals. Not the exact dates and times and the kinds of meetings being attended nor do we need a detailed daily report of how the money will be spent. That is micro reporting and I think we all trust IV enough to know that the money is being well spent. All targeted funding drives help us do is plan better and focus better.
Let's be vigilant and worry about the things we can worry about.
Getting a little philosophical:
I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.
Let's be vigilant and worry about the things we can worry about.
Getting a little philosophical:
I agree with you that the outside world is cruel. But the journey's been alright till now hasn't it. I was a huge supporter of the Gandhigiri campaign and was one of the primary reasons why I got involved with IV in the first place and am proud of it. We need more voices and more participation.
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shree772000
10-10 12:14 PM
Hi,
Which bank offers best interest rate for fixed deposit in india.?
What is treasury bond?? How could we invest in it?
ICICI has some very good interest rates. I like them because they have online access to your account which most of the indian banks don't.
Which bank offers best interest rate for fixed deposit in india.?
What is treasury bond?? How could we invest in it?
ICICI has some very good interest rates. I like them because they have online access to your account which most of the indian banks don't.
more...
485Mbe4001
06-12 03:45 PM
EB3 I is bad and will get worse. EB 3 ROW will also get screwed big time because of the 300k namecheck victims who are now eligible for visas. Trickle down will also be impacted because of that. USCIS uses short sighted methods to clear their hurdles, they dont realize that there is person behind each visa number. The only thing certain for EB 3 is that in OCT EB 3 will revert back to the June 08 dates.
The sad fact is that most of us were screwed because the lawyers suggested to our companies that EB3 is easier to process than EB2.
The sad fact is that most of us were screwed because the lawyers suggested to our companies that EB3 is easier to process than EB2.
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orangutan
10-04 03:55 PM
Let me guess, Hmmmmmmmmm.
Yeah you are getting holistic treatment for your sadism.:D:D
i have a fan following...yay
and i will keep writing "lower case i" coz it bothers you so much :D:D:D
Guess what the latest news is :D:D:D
Yeah you are getting holistic treatment for your sadism.:D:D
i have a fan following...yay
and i will keep writing "lower case i" coz it bothers you so much :D:D:D
Guess what the latest news is :D:D:D
more...
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swamy
11-02 12:51 PM
Couldn't disagree more with kaisersose or guns. GC system as it exists is rubbish and ugly in many ways- but as bad as it is that's what's legal and in place now so we have to go thru that and if possible, make it better along the way appealing to the saner elements of the society. Brain drain is tricky - you guys are honest enough to admit to not having it so theres clearly no drain there but other programmers will disagree. Some history lesson's also in order - will do it later. But that's why america needs me - i'm an annoying reminder to its core value(related to immigration) when a section forgets it or finds it inconvenient or abhorrent- and if i were to shed some modesty-and i'm going to-, i'd grandly say i'm here to remind some countrymen about what it means to quintessentially be an American
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crzyBanker
03-26 07:56 PM
Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007
I too had a soft LUD on Mar 17 and didnt apply for EAD/AP. Recieve date is Aug 7, 2007. Looks like they are going through all the files. in the order they recieved.
I too had a soft LUD on Mar 17 and didnt apply for EAD/AP. Recieve date is Aug 7, 2007. Looks like they are going through all the files. in the order they recieved.
more...
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Leo07
11-06 12:26 PM
Thanks for the post.
I see no good intentions from the text...he's just disappointed that his bill did not pass and want to piggy back on a bill that has good chances.
I see no good intentions from the text...he's just disappointed that his bill did not pass and want to piggy back on a bill that has good chances.
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go_guy123
01-09 10:59 AM
You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
You know why nothing works ? nobody listens ?
Because H1Bs put up with any garge behaviour, unfair treatment and still work. Once H1B stops putting up with this nonsense and leaving en masse/ stop coming then industry will take a look and wonder that "we need to work on this and improve the situation"
Till then skilled immigrants/H1B will be pissed on like they are nothing.
EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
Lets target the 'Asses' asking for a kick. Let's all kick ass.
You know why nothing works ? nobody listens ?
Because H1Bs put up with any garge behaviour, unfair treatment and still work. Once H1B stops putting up with this nonsense and leaving en masse/ stop coming then industry will take a look and wonder that "we need to work on this and improve the situation"
Till then skilled immigrants/H1B will be pissed on like they are nothing.
more...
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praky
08-04 09:10 PM
Thanks ak27... based on your suggestion, I have started enquiry on my case through congressman.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
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mhathi
12-13 09:29 AM
I am not able to start and feel that there is already hidden membership is there. Is there any thuth in this feeling? How does IV is working in terms of access rights?
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
We collected 30,000 in eight days. I would not call that so difficult...
Sure it could have been better... but thats the question members should ask themselves, not the CORE or the volunteers.
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
We collected 30,000 in eight days. I would not call that so difficult...
Sure it could have been better... but thats the question members should ask themselves, not the CORE or the volunteers.
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p1234
10-04 02:14 PM
how many folks with older EB3 PDs are screwed after 07/07? Does anyone have a count? Obviously, if you freeze EB3 they are not going to be sticking around..
vga_1977
04-15 05:23 PM
Hi hur11
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
justareader
01-30 05:10 PM
Done
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