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.
wallpaper SNSD YoonYul Kwon Yuri Im
Mayday
03-30 08:47 PM
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...
the worst idea ever.
first - probability that potential employee of that employer will read it is zero.
second - employer continues to act same way to other people.
third - employer can actually sue him for doing so.
the worst idea ever.
first - probability that potential employee of that employer will read it is zero.
second - employer continues to act same way to other people.
third - employer can actually sue him for doing so.
LONGGCQUE
03-29 09:36 AM
Shared on my Facebook page.
Freinds, Its easy to share from Pappu's post. Just use bookmark at the bottom of the post and it will give you options to pick.
Freinds, Its easy to share from Pappu's post. Just use bookmark at the bottom of the post and it will give you options to pick.
2011 Kwon Yuri. Hwang Chansung.
kerstbrd
07-18 09:21 PM
For diversity they have GC lottery. Having per country limits in EB categories doesnot make sense
from the July bulletin
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 35,500
ASIA 7,750
EUROPE 23,000
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,800
SOUTH AMERICA, and the CARIBBEAN 2,500
Unless they reject/disqualify 30k Africans and close to 20k Europeans I don't see the diversity here. Notice Asia, the most populous continent has a measly 7k. But thats a different argument for another thread.
I think increasing the total amount of visas per year is what we need.
from the July bulletin
Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 35,500
ASIA 7,750
EUROPE 23,000
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,800
SOUTH AMERICA, and the CARIBBEAN 2,500
Unless they reject/disqualify 30k Africans and close to 20k Europeans I don't see the diversity here. Notice Asia, the most populous continent has a measly 7k. But thats a different argument for another thread.
I think increasing the total amount of visas per year is what we need.
more...
dallasdude
05-14 11:35 AM
bringing bk the discussion to more serious point. We can all agree that on the surface immigration system here is seems unfair towards Indian, Chinese and Mexicans. Whats the reason behind it? why only three countries which suffers from long waits. Its demand and supply. If there were no country caps, all the visa's will be absorbed by these three countries. Even though it has cost me time and money, i think its the right policy. for a moment imagine there was no country limit, can you imagine for few years to come immigration will be from only these three countries. i think its only fair to limit how many people can come from one specific country.
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)
Big Ups for voicing your opinion. nitinboston for president!!
and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it :)
Big Ups for voicing your opinion. nitinboston for president!!
raj2007
06-16 12:50 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
more...
immi_twinges
07-17 12:41 PM
Hi
I agree that recapturing lost no's from previous years will be the best possible solution.But to do that we need intervention from the congress and the President needs to sign a bill to recapture the lost no's.To accomplish this goal we need to keep up the momentum generated from this june bulletin fiasco and intensify our lobbying efforts in Washington.
Kudo's to the IV core for their strong campaign in championing our cause.
Did you ever dream that USCIS will respond and have the flower campaign on ther website...
I didnt atleast.
President is in favour of illegal immigration and may be legal too.. but he cant go for new laws until he fixes the legal immigration syatem.
The momentum is really goes now...lets keep it going...
I agree that recapturing lost no's from previous years will be the best possible solution.But to do that we need intervention from the congress and the President needs to sign a bill to recapture the lost no's.To accomplish this goal we need to keep up the momentum generated from this june bulletin fiasco and intensify our lobbying efforts in Washington.
Kudo's to the IV core for their strong campaign in championing our cause.
Did you ever dream that USCIS will respond and have the flower campaign on ther website...
I didnt atleast.
President is in favour of illegal immigration and may be legal too.. but he cant go for new laws until he fixes the legal immigration syatem.
The momentum is really goes now...lets keep it going...
2010 Kwon Yuri is loud mouthed.
pete
08-14 08:51 AM
It took me around 4 years. EB2 India, started as a scientist later physician and endless headaches ...... but its over now. Got my card yesterday. Its an amazing stress relief and confidence booster.
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
more...
Mayday
03-30 08:47 PM
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...
the worst idea ever.
first - probability that potential employee of that employer will read it is zero.
second - employer continues to act same way to other people.
third - employer can actually sue him for doing so.
the worst idea ever.
first - probability that potential employee of that employer will read it is zero.
second - employer continues to act same way to other people.
third - employer can actually sue him for doing so.
hair Kwon Yuri surprised everyone
chanduv23
07-02 07:22 AM
If IV can outline how it is going to help, that would really make many people come out of the shelves. However, though we talk so much, people are still scared to identify themselves against the employer. However, they may be ready to outline everything against the specific employer as an anonymous person. we got to deal with a situation where people are ready but anonymously. How can we handle this.
A problem very similar to marriage breakups. People do not want to deal with the aftermaths of a breakup but willing to put up with crap from spouse.
GC being tied to employer has created all this situation.
If people are coming forward to complain - IV can help interace with auhorities, media etc..... COntact IV with specific issues.
A problem very similar to marriage breakups. People do not want to deal with the aftermaths of a breakup but willing to put up with crap from spouse.
GC being tied to employer has created all this situation.
If people are coming forward to complain - IV can help interace with auhorities, media etc..... COntact IV with specific issues.
more...
breddy2000
12-09 06:36 PM
Bump Bump..
Folks dont let this thread die..
Moderators can we have link of this thread posted on the homepage????
Posted my comments ....
Folks dont let this thread die..
Moderators can we have link of this thread posted on the homepage????
Posted my comments ....
hot Kwon Yuri - Girls Generations
overhere
07-18 01:51 PM
Thanks...but isn't the post mark date is when you send the mail ?
that's correct.
that's correct.
more...
house SNSD Yuri released a picture
techskill
01-31 11:33 AM
One can VOTE again By Deleting Cookies, Use Tools - Internet options - delete Browsing History - Delete All and Vote again.
I was thinking the same thing. If possible just try to get as many votes as possible.
I just voted now. Will be voting again and again and again so on...after sometime if possible.
I was thinking the same thing. If possible just try to get as many votes as possible.
I just voted now. Will be voting again and again and again so on...after sometime if possible.
tattoo Kwon Yuri : An angel who came
![kwon yuri snsd. [Image] SNSD New Spao Picture](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_tjLanqGJ9MhROzlYsTztTVmBWDrwQUOovrCNL26IkomL96_h89wf6vjSabxJYHRPTDGcVngF0lpkDrm1eB3yE2_Oaz_U01Ws2odWFZ3FqGO6s3wSUdwQYXjpkNm4recjv_GA=s0-d "[Image] SNSD New Spao Picture")
vikki76
10-30 06:44 PM
It wouldn't hurt to verify which 140 is getting picked up. I got paranoid because when I contacted USCIS through service request, POJ and ncsc follow up email in September, I came to know that my application is awaiting visa number when clearly dates for my PD were current since Sept 01. Then I tried calling USCIS repeatedly until I got confirmation that both 140 were indeed in place.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
more...
pictures Kwon YuRi of SNSD
GC_2008
06-07 01:20 PM
I believe we have rights. If the million of illegals think that they have the right to stay, why can't we? Obviously, everyone has their own experiences in the US. Some of you might not have hit the "boiling point" yet and so you might not have felt the heat!!! There are people who carry the entire family here and they depend on the GC to make a difference in life. You are you and you are entitled to your own interpretation as to whether or not this is RIGHT or Privilege. I believe what LogicLife said is very true as Immigration is a movement in life. If you don't believe, you probably don't deserve it when someone said you don't. I've been here for 12 whole years, got married and bought a house. I have been paying colleage tuition, taxes and my duties as an entity in this society. I deserve a green card.
dresses SNSD ITNW YoonYul Im Yoona
gcformeornot
12-13 08:43 AM
^^^^bump^^^^^
more...
makeup SNSD ITNW YoonYul Im Yoona
laborchic
12-26 03:06 PM
Great stuff folks..
I convinced more people from my office to send a message on change.gov. Even US citizens who respect your work could send a message to the transition team saying that they are for the legal and highly skilled immigrants...
Getting recommendations from your bosses, managers and co-workers may also be helpful. Its very unusual for the USCIS/Immigration dept people to hear good things about the immigrants from US Citizens.
These days lots of people are talking about the transition at work and they know about change.gov website. If you know good friends who can write for you then that could be of great help.
I have a feeling that some good news is coming up in the pipeline. Was reading about Janet Naplolitano and Silos in today's NY times editorial.
Lets give it a best shot here guys..:)
I convinced more people from my office to send a message on change.gov. Even US citizens who respect your work could send a message to the transition team saying that they are for the legal and highly skilled immigrants...
Getting recommendations from your bosses, managers and co-workers may also be helpful. Its very unusual for the USCIS/Immigration dept people to hear good things about the immigrants from US Citizens.
These days lots of people are talking about the transition at work and they know about change.gov website. If you know good friends who can write for you then that could be of great help.
I have a feeling that some good news is coming up in the pipeline. Was reading about Janet Naplolitano and Silos in today's NY times editorial.
Lets give it a best shot here guys..:)
girlfriend [Image] SNSD New Spao Picture
polapragada
04-28 09:19 AM
Any idea when this is going for voting?
Democrats are supporting this or not?
Democrats are supporting this or not?
hairstyles SNSD ITNW YoonYul Im Yoona
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.
for_gc
06-07 08:32 AM
This is good!
eb3_nepa
03-15 12:39 AM
Nope no GC for me yet. Same boat as everyone else in EB3 India. Did you not read the "eb3" part of the eb3_nepa? :)
All the drama people... If you do not know much about eb3_nepa...Pls read this
Eb3Nepa is very much here from initial days of this organization and supported the cause alot, even more than main members(So called..) here.
That is how he knows the core team members names/handles, even lot of you do not know them...
Only 1 or 2 members are here from initial 12+ core members..That is another thing though.
Anyway, as others mentioned, people have to move on..and this movement is just not by core members but by all. Core members comes/goes, after their journey, unless they have some agendas. (In the +ve way)
Hope, you do not start another storm here...
Eb3Nepa, congrats on your green card.
You must be enjoying the time now after GC.
How is the life after GC. Is it same like earlier or any change.
Because we are still in the queue, hoping to get it in 1,2 months as per time lines.
- gcretroiv
All the drama people... If you do not know much about eb3_nepa...Pls read this
Eb3Nepa is very much here from initial days of this organization and supported the cause alot, even more than main members(So called..) here.
That is how he knows the core team members names/handles, even lot of you do not know them...
Only 1 or 2 members are here from initial 12+ core members..That is another thing though.
Anyway, as others mentioned, people have to move on..and this movement is just not by core members but by all. Core members comes/goes, after their journey, unless they have some agendas. (In the +ve way)
Hope, you do not start another storm here...
Eb3Nepa, congrats on your green card.
You must be enjoying the time now after GC.
How is the life after GC. Is it same like earlier or any change.
Because we are still in the queue, hoping to get it in 1,2 months as per time lines.
- gcretroiv
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