bugsbunny
03-29 03:43 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
I am a little doubtful...if this was illegal.
Since you had no knowledge at the time that it was illegal.
Being a foreign national you may not be expected to know every law here.
How much did you pay? was it more than what the fee was?
Did the employer processes your visa or did they use the services of an attorney?
if you...then you have a case to sue the employer for scamming you in civil court...as he may have used this trick to eat your money knowing fully well what would happen to you once you landed here.
Talk to an attorney here before you leave.
however after coming here , Paid for my own ticket and landed here on start of january 2011.
I am a little doubtful...if this was illegal.
Since you had no knowledge at the time that it was illegal.
Being a foreign national you may not be expected to know every law here.
How much did you pay? was it more than what the fee was?
Did the employer processes your visa or did they use the services of an attorney?
if you...then you have a case to sue the employer for scamming you in civil court...as he may have used this trick to eat your money knowing fully well what would happen to you once you landed here.
Talk to an attorney here before you leave.
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mannubhai
05-26 03:27 PM
I read through the section 2 of the bill and understand that it targets the areas of FB and EB immigrations. The recapture of visas under the categories are for the individual categories and not just for the FB category.
I would like to hear from some senior members as well as see the IV analysis and position as was done for the bill from Senators Dick Durbin.
I would like to hear from some senior members as well as see the IV analysis and position as was done for the bill from Senators Dick Durbin.
anzerraja
07-20 09:39 AM
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.
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mrajatish
02-28 10:00 AM
Here is what I have understood from my lawyers -
DOL decree, if adopted, will prevent any further labor substitution.
Any labor approved after the decree is adopted cannot be used for substitution.
Any 140 application based on labor sub will not be denied until USCIS adopts a similar resolution - it is unlikely that USCIS will do such a thing as it will lead to lawsuits from lawyers and folks already in the queue
People with already approved 140 do not need to worry at all.
I am laying down the facts here such that people can make educated decisions on what they want to do.
DOL decree, if adopted, will prevent any further labor substitution.
Any labor approved after the decree is adopted cannot be used for substitution.
Any 140 application based on labor sub will not be denied until USCIS adopts a similar resolution - it is unlikely that USCIS will do such a thing as it will lead to lawsuits from lawyers and folks already in the queue
People with already approved 140 do not need to worry at all.
I am laying down the facts here such that people can make educated decisions on what they want to do.
more...
reno_john
10-02 02:23 PM
GCTEST I dont know who you are but I can tell one thing about you. :rolleyes:
:DU R A SELFISH B*****D.:D
:DU R A SELFISH B*****D.:D
alterego
10-06 10:01 PM
Property prices will soften worldwide. Though as someone pointed out many purchases in India are not credit based, so it may not be as bad there as there would be limited forced selling, though from what I have heard sales have and will slow markedly, another point to consider is that India has a population pressure like nowhere else in the world, as long as people can buy they will continue to do so.
It is also the case that the Indian economy is very much dependent on the US economy as much of the exports are to the USA, but the domestic economy is stronger than China. India can and perhaps will spend their 300 Billion dollar reserves in this down cycle for infrastructure development projects which should keep the domestic economy going.
An interesting thing is that the Indian Rupee is falling vis a vie the Dollar. I've heard it is because of hedge funds and other investors liquidating Indian assets to bring them back to the US where they have more pressing needs in a rapidly deleveraging system.
I would say that Property prices in India have adjusted downward by 15% or so already and will perhaps go another 10% but maybe not much more. I'm also hearing that the bigger hit is in the above 35 lakh properties, below that prices are holding up better.
Additionally if you are planning to buy from your savings/borrowings in the USA then you could benefit from the exchange rate, which is already nearly 25% better than a few months ago. Especially if you consider your situation shaky in the USA, it is an option worth considering. Given the US authorities can't seem to make up their minds whether they want us here, I can't see the sense in buying homes here, atleast buying there, you can ride out a market.
It is also the case that the Indian economy is very much dependent on the US economy as much of the exports are to the USA, but the domestic economy is stronger than China. India can and perhaps will spend their 300 Billion dollar reserves in this down cycle for infrastructure development projects which should keep the domestic economy going.
An interesting thing is that the Indian Rupee is falling vis a vie the Dollar. I've heard it is because of hedge funds and other investors liquidating Indian assets to bring them back to the US where they have more pressing needs in a rapidly deleveraging system.
I would say that Property prices in India have adjusted downward by 15% or so already and will perhaps go another 10% but maybe not much more. I'm also hearing that the bigger hit is in the above 35 lakh properties, below that prices are holding up better.
Additionally if you are planning to buy from your savings/borrowings in the USA then you could benefit from the exchange rate, which is already nearly 25% better than a few months ago. Especially if you consider your situation shaky in the USA, it is an option worth considering. Given the US authorities can't seem to make up their minds whether they want us here, I can't see the sense in buying homes here, atleast buying there, you can ride out a market.
more...
bikram_das_in
05-07 04:06 PM
U.S. is a country where most of things are close to being perfect imaginatively),
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
This is a just prospective as you view it. The prospective also can change with time like so called material perfections in USA.
There is verse a in Bhagavad Gita for it.
paras tasmāt tu bhāvonyovyaktovyaktāt sanātanaḥ
yaḥ sa sarveṣu bhūteṣu naśyatsu na vinaśyati (8.20)
avyaktokṣara ity uktas tam āhuḥ paramāṃ gatim
yaṃ prāpya na nivartante tad dhāma paramaṃ mama (8:21)
FYI: I am a Indian and haven't even started my greencard process, for the same emotional reasons you mentioned, intending to R2I soon. Given a choice and circumstances, I would have opted for U.S.C as "I have no hope for this world neither do I wish for it" - quoting Bhagawan Krishna from Bhagavad Gita.
This is a just prospective as you view it. The prospective also can change with time like so called material perfections in USA.
There is verse a in Bhagavad Gita for it.
paras tasmāt tu bhāvonyovyaktovyaktāt sanātanaḥ
yaḥ sa sarveṣu bhūteṣu naśyatsu na vinaśyati (8.20)
avyaktokṣara ity uktas tam āhuḥ paramāṃ gatim
yaṃ prāpya na nivartante tad dhāma paramaṃ mama (8:21)
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masouds
09-17 02:31 PM
Why did Ms. Lofgren ask for a roll call of Nays? Wouldn't that be more wasteful of the time?
(nm. It was close)
(nm. It was close)
more...
logiclife
06-09 01:30 AM
Very good material jkays94.
I am glad to see that is so much documented material out there that puts the rights of all individuals clearly regardless of immigration status.
I wish people would come forward and participate in efforts of their choice and speak up against unfair system, thru IV or otherwise, and not be afraid of getting fired and getting deported or being a victim of prejudice by USCIS just because they posted a thread on IV, or contributed funds or met a lawmaker to petition them for pains.
There are a lot of visitors of the site(who wont even register on this site) who have such apprehensions and doubts and posts like yours help clear those doubts and help them join this effort and strengthen our hands.
I am glad to see that is so much documented material out there that puts the rights of all individuals clearly regardless of immigration status.
I wish people would come forward and participate in efforts of their choice and speak up against unfair system, thru IV or otherwise, and not be afraid of getting fired and getting deported or being a victim of prejudice by USCIS just because they posted a thread on IV, or contributed funds or met a lawmaker to petition them for pains.
There are a lot of visitors of the site(who wont even register on this site) who have such apprehensions and doubts and posts like yours help clear those doubts and help them join this effort and strengthen our hands.
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punjabi77
12-26 12:31 AM
I saw posts quite similar to my situation so didnt start a new thread but instead thought of using this thread to ask my question.
My situation is
I have my EAD and AP, and my 3 year extension is already approved but H1 stamp has expired.
My wife has used EAD and her H4 extension came before she stopped working on EAD. But she does have 3 year H4 extension too with an expired H4 stamp.
Now we plan on travelling to India next week and i am kind of confused as to whether we should go for H1-H4 stamping or not, or should we use AP to come back.
I have read in so many threads and forums that even if you enter on AP, ur H1 status is valid.
Now if my wife goes for H4 stamping, will the imigration officer consider her under H4 or AOS as she has used her EAD?
Since i have 1 month to come back to US, I am scared if for any reason Immi officer might take time to stamp visa on our passport and we might not make it back to US in time. And also what if they ask all questions regarding GC.
Has anyone gone through the same situation?
SInce these days, mostly all companies are hiring people who have EAD, sometimes i think what is the need to maintain H1 then.
Another thing is that i am not full time employed with my client, so when my project expires, i can find a new company and get my H1B-H4 transfered and that will change my Status from Parolee to H1b again.
So looking at all this, i think even if i come on AP, everything should work out fine for me.
Please post ur suggestions and advice.
My situation is
I have my EAD and AP, and my 3 year extension is already approved but H1 stamp has expired.
My wife has used EAD and her H4 extension came before she stopped working on EAD. But she does have 3 year H4 extension too with an expired H4 stamp.
Now we plan on travelling to India next week and i am kind of confused as to whether we should go for H1-H4 stamping or not, or should we use AP to come back.
I have read in so many threads and forums that even if you enter on AP, ur H1 status is valid.
Now if my wife goes for H4 stamping, will the imigration officer consider her under H4 or AOS as she has used her EAD?
Since i have 1 month to come back to US, I am scared if for any reason Immi officer might take time to stamp visa on our passport and we might not make it back to US in time. And also what if they ask all questions regarding GC.
Has anyone gone through the same situation?
SInce these days, mostly all companies are hiring people who have EAD, sometimes i think what is the need to maintain H1 then.
Another thing is that i am not full time employed with my client, so when my project expires, i can find a new company and get my H1B-H4 transfered and that will change my Status from Parolee to H1b again.
So looking at all this, i think even if i come on AP, everything should work out fine for me.
Please post ur suggestions and advice.
more...
tampacoolie
09-29 01:13 PM
Was your previous approval based on an extension ? [Pending LC/Approved I-140 etc] ?
Yes. It was pending LC and they approved my I-140 last week. The status update happened immediately after my I-140 approval.Does your current transfer require documents from the previous employer ? [LC/Approved I-140] ? Yes. It was LC that was pending with my previous employer. Were you paid the prevailing wages mentioned in the LCA of previous H1B ?
Yes. I was getting paid little more.
Can this be supported by the W2 of last financial year [Not the paycheck].
Yes.
Did you have I-94 attached in the previously approved H1B ?
Yes.
Please answer these questions it might be helpful in finding what might have raised the red flag.
See the answers
Yes. It was pending LC and they approved my I-140 last week. The status update happened immediately after my I-140 approval.Does your current transfer require documents from the previous employer ? [LC/Approved I-140] ? Yes. It was LC that was pending with my previous employer. Were you paid the prevailing wages mentioned in the LCA of previous H1B ?
Yes. I was getting paid little more.
Can this be supported by the W2 of last financial year [Not the paycheck].
Yes.
Did you have I-94 attached in the previously approved H1B ?
Yes.
Please answer these questions it might be helpful in finding what might have raised the red flag.
See the answers
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gcisadawg
04-09 07:09 PM
The Pediatrician told us that she should not take the vaccince based on the manufacturer's literature. They gave us a letter to that effect and the Civil Curgeon then applied for a blanket waiver.
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
more...
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trueguy
08-27 12:22 PM
Did anybody get any reply from letter campaign? Why is it so difficult for USCIS to release number of pending application per category per year?
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GreenCard4US
08-23 02:39 PM
Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
Either way is fine. Is company A willing to hire you, and you intend to join them when GC comes through? If so, send that letter. There might be alittle bit more scrutiny that way.
If you intend to stick with company C in the future, you can send the EVL of C and include a letter explanining you invoked AC21.
Its not an issue that your H1 transfer to C occured before the 485 filed by A. Once its past 180 days, you are free to work whereever you wish.
more...
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belmontboy
06-11 03:14 PM
Thanks guys for the moral support and quick responses.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
This lawsuit is ludicrous.
Mostly u won't be liable as you didnot start the chain reaction.
if it happens that u need to pay, and you are unable to comeup with that much of money, u can always file for bankruptcy [chapter 7].
Don't even think of running away, as that will make matters worse.
Law protects you if you are not able to comeup with that much amount of money.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
This lawsuit is ludicrous.
Mostly u won't be liable as you didnot start the chain reaction.
if it happens that u need to pay, and you are unable to comeup with that much of money, u can always file for bankruptcy [chapter 7].
Don't even think of running away, as that will make matters worse.
Law protects you if you are not able to comeup with that much amount of money.
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theshiningsun
07-24 02:40 PM
excellent response qasleuth! raji's Q's seem to be genuine and merit answers. ur response covers details of what can/cannot be covered in a public forum n why n what r the other options to work across it. one of the best responses i hv seen regarding how IV works.
thx,
thx,
more...
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walker15
09-17 10:34 AM
Nothing is happening(no audio, on mute), looks like they have not started the session and settling down for the hot session. I will update the proceedings accordingly ............
Hope for the best.
Hope for the best.
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malaGCPahije
08-12 02:33 PM
Steady march!, not fast march!! ;) I am very hopeful of the dates moving past mid 2002 for FY 2009. (which is about 8 months movement from now, and I think that is very possible).
I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??
abt 5%. I think people from 2001/02/03 must have got so much frustrated that very few of them even check the visa dates, forget about checking IV regularly.
I am thinking we have about 5-6% representation for the earlier years on this poll? What is everyone's estimate on the representation??
abt 5%. I think people from 2001/02/03 must have got so much frustrated that very few of them even check the visa dates, forget about checking IV regularly.
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indianabacklog
06-11 10:01 AM
Your auto insurance company are the best people to talk to right now initially. They can provide excellent legal advice for which you have paid in your premiums.
The amount is extortionate and as long as you do not ignore this it can be resolved I am sure. In all honesty it sounds as if they thought hey we only have two years to sue so lets do it now so it does not look as if we waited till the last minute. Otherwise why would they wait so long to file the claim. Herniated discs do not appear at a later date they are a thing of the present, i.e. at the time of impact.
With regard to your green card I cannot imagine it will have any impact at all. You have not committed any crime, you had an auto accident. These happen every day to thousands of green card holders and applicants and if they resulted in deportations the immigrant community would probably be aware of them.
The amount is extortionate and as long as you do not ignore this it can be resolved I am sure. In all honesty it sounds as if they thought hey we only have two years to sue so lets do it now so it does not look as if we waited till the last minute. Otherwise why would they wait so long to file the claim. Herniated discs do not appear at a later date they are a thing of the present, i.e. at the time of impact.
With regard to your green card I cannot imagine it will have any impact at all. You have not committed any crime, you had an auto accident. These happen every day to thousands of green card holders and applicants and if they resulted in deportations the immigrant community would probably be aware of them.
ItIsNotFunny
10-08 01:12 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.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
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.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
FinalGC
06-13 07:53 PM
I am getting married in Jan 2008. can i go ahead and apply now? How to include the wife? will that be a problem.
PREPONE YOUR MARRIAGE......AT LEAST GET MARRIED ON PAPER........
PREPONE YOUR MARRIAGE......AT LEAST GET MARRIED ON PAPER........
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