greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
wallpaper Facebook Account got Disabled. Facebook Account got Disabled
lost_in_migration
05-29 04:31 PM
And I thought it could not be worse than what we already got :(
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
What are they going to do next... Put us in Guantanamo Bay detention camp.... for being immigrants ...and that too legal...and that too high skilled.:mad:
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
tinku01
02-17 09:11 PM
thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.
Thanks everybody we need your support to come out of this situation.
Thanks everybody we need your support to come out of this situation.
2011 Facebook apperently
immilaw
09-14 04:28 PM
You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
Thanks!
Two H-1B's are possible if you can do two jobs. Most of the ppl file a concurrent H-1B for a part time job so you have one H-1B for full time job and the other for a part time job. The US CIS will approve a concurent H-1B for part time job for as little as 15 hours a week. Now if you want to file the second H-1B too for a full time job and have the physical ability to work for 80 hours a weeks then US CIS won't have any problems with that.
more...
laborday
07-17 11:18 AM
Yeah, the Nebraska one is on the same date as last month, I guess I should count my blessings. God, what are they doing over there!? Maybe it's because it's summer time and people are going on vacation-less people, less work getting done.
I think a employee of immigration service center should get $100 bonus for completing one application. This will definitely improve their productivity.
I think a employee of immigration service center should get $100 bonus for completing one application. This will definitely improve their productivity.
gondalguru
07-19 01:10 PM
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Most people from India will have PPD test positive as they have received BCG vaccine in childhood. PPD test in not mandatory. Negative chest xray is sufficient to prove that you are free from active TB (you may still have dormant infection but that doesn't matter at this point of time). Plus USCIS/CDC had published a guideline for civil surgeons instructing how to perform the Medical exam for immigration purposes and it clearly says that applicant can choose not to have PPD test and negative cxr will be sufficient.
more...
ssdtm
09-14 12:35 PM
I noticed it after I made payment via credit card.....so it was too late to make any corrections.
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
2010 Facebook Blocked the Account
BMS1
10-11 04:52 PM
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
I am just giving my observations. I (and most of the people here) know the pain in waiting on H1-B. Definitely the ability to file I 485 desrves higher priority.
more...
ItIsNotFunny
06-18 01:49 PM
This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
hair was anned from Facebook.
Googler
02-21 01:26 PM
So now they want to revise that Q&A! ;)
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
more...
srinithati
05-30 12:08 AM
Done, Left comment too.
Admins..
Can we have action item to vote on this poll.
100000 Votes, will make every body at Washington sit and notice this bill.
go "100K Votes" Drive.
Admins..
Can we have action item to vote on this poll.
100000 Votes, will make every body at Washington sit and notice this bill.
go "100K Votes" Drive.
hot year locked Facebook from
rajuram
01-04 11:41 AM
Thanks
I don't think PMP is useful in promotions......it may be helpful in getting a new job though.....but then you are limited in your career..........PMP doesn't help you moving upwards.....!
My 2 cents!
I don't think PMP is useful in promotions......it may be helpful in getting a new job though.....but then you are limited in your career..........PMP doesn't help you moving upwards.....!
My 2 cents!
more...
house is anned from Facebook
lazycis
01-26 06:26 PM
You are welcome. I doubt the company will alter the offer letter, but I would ask for it. Anyway, no court will let an employer to force an employee to reimburse for hypothetical training for which no upfront costs are defined. Moreover, the clause does say "prior to the Company’s receipt of the benefits of such training and education". So you may very well argue that company received benefits in return. The clause is designed to put fear in you, but it's not enforceable in court. The employer will be in a big trouble if you complain to DOL. And if you have no choice, sign it.
tattoo Pakistan anned Facebook on 19
subba
07-07 02:47 PM
Honorable congressman,
I am writing to you (in your capacity as a judiciary committee member) to bring a recent action by the department of state that wrecked the hopes of many tax paying, employment based legal immigrants.
The New York Times carried an excellent editorial regarding the State department's actions:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
As a legal tax paying resident of Masachusetts since 10 long years, I have been eagerly waiting my turn in the line for a green card, putting lot of very important life decisions on hold. This latest bait and switch has made me totally disillusioned with the immigration system and I have started looking for opportunities to apply my skills in my home country instead.
For the sake of fellow legal immigrants who have been impacted though, I am hoping you can look into this matter and try to influence the department of state to correct its action. Rep.Lofgren has already issued a statement in this regard. http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thank you for your time.
Regards,
xxxxxxx
Here is the link to the NY Times Editorial:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
I am writing to you (in your capacity as a judiciary committee member) to bring a recent action by the department of state that wrecked the hopes of many tax paying, employment based legal immigrants.
The New York Times carried an excellent editorial regarding the State department's actions:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
As a legal tax paying resident of Masachusetts since 10 long years, I have been eagerly waiting my turn in the line for a green card, putting lot of very important life decisions on hold. This latest bait and switch has made me totally disillusioned with the immigration system and I have started looking for opportunities to apply my skills in my home country instead.
For the sake of fellow legal immigrants who have been impacted though, I am hoping you can look into this matter and try to influence the department of state to correct its action. Rep.Lofgren has already issued a statement in this regard. http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thank you for your time.
Regards,
xxxxxxx
Here is the link to the NY Times Editorial:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
more...
pictures #39;anned from Facebook#39;
Tito_ortiz
12-04 11:29 PM
Alterego,
It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.
Alterego, one more time you are right.
Tito
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.
Alterego, one more time you are right.
Tito
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
dresses If facebook is anned,
mnq1979
10-29 04:50 PM
Thanks for the reply
I don't have a muslim name. I am a Hindu so as my name.
Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.
But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.
when is ur info pass appointment?
I don't have a muslim name. I am a Hindu so as my name.
Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.
But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.
when is ur info pass appointment?
more...
makeup Access Twitter, Facebook
pointlesswait
02-12 09:31 AM
i know a friend whose wife was in the same boat..
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
get an attorney and explain ...ur case..
what my friend was told...if you have given proper notice to quit...your employer has no legal standpoint to harras you.
dont worry abt that desi employer..that bum is in bigger soup than you are...the law that requires all employers to provide W2 before jan 31..no matter what..check with IRS if you want....he is toast! .;-)
take it easy.. you will be all right!
girlfriend Pastor Who Banned Facebook Had
pady
08-20 03:57 PM
It's a desi company. I was under the impression that my 485 was filed and the lawyer is not willing to talk to me as well. Somehow I found out this yesterday.
hairstyles Syria anned Facebook and You
syzygy
07-06 03:34 PM
Should we put this on digg ?
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
gc_mania_03
10-22 01:59 PM
My wife's AP was approved today. The receipt date on the original filing was Jun1st.
Since, we had to visit Canada shortly for a conference, we took the invitation letter to the InfoPass appointment. The person at the counter asked us the fax the documents to the Nebraska office and we did that the very same day.
After a week, we received an approval email.
I also had contacted the CSC around 20 days before the infopass appointment, even though I chose the 45 day options while booking the appointment.
Hope this information helps others.
Since, we had to visit Canada shortly for a conference, we took the invitation letter to the InfoPass appointment. The person at the counter asked us the fax the documents to the Nebraska office and we did that the very same day.
After a week, we received an approval email.
I also had contacted the CSC around 20 days before the infopass appointment, even though I chose the 45 day options while booking the appointment.
Hope this information helps others.
ivar
08-29 07:23 PM
Congratulations for your GC. your journey was painful, long and inspiring.
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