No. Yrs left on H1

All I was saying was what the USCIS has told us (immigration attorneys) in meetings with them shortly after the start of concurrent filing. As for the visa numbers being available, the priority dates have been current for some time before the start of concurrent filing and I do not see any way that the two are connected necessarily. Concurrent filing was started to allow the USCIS to get the necessary personal biographical information for the beneficiary earlier (with the I-140 petition) so that they can do the necessary screens before approving the I-140. That is not to say that these would not be approved; it was just a way for them to access this information sooner. As for the people getting their AOS any sooner, I don't think that has been shown to be the case with concurrent filing. And, again, relying on the EAD and AP and the filed I-485 without the I-140 first having been approved is not wise in some instances.
 
Re: Thanks Jharkhandi

Originally posted by Kat999
As Jharkhandi mentioned in his earlier reply about 140/485.My employer dont want to file 140/485 as I have 2yrs left on my visa and I got another offer from a very big compay and their policy is they will file the GC after one year of employement and exception is if I have one year left on visa then they will process immedietly. This would be my third green card in 4yrs, My billing rate is very high and all the desi companies have taken advantage of this as iam on a long term project.So out of experience I told them i have one year left on my Visa so that I will fall under exception case and I will have one year if something goes wrong again..........Hope you will understand why I dont want to tell them.

Regards
Kat
Click to expand...


Kat999,

I knew that! :o

Nice to know it helped you.
 
Thanks Jharkhandi

Jharkhandi ,

I know only you guys can understand others problems, I really dont understand why this desi companies are playing with our life. They are taking my $65 per hour(50% of my billing) and playing with my life I know they are taking lot of money from me but there is no other go.........Iam loosing hopes and prepared to go back India and continue working there.

Thank you once Igain for understanding my problem and do you think Iam doing wrong? If yes please correct me.

Best Regards
Kat
 
Originally posted by ImmigAttyLana
All I was saying was what the USCIS has told us (immigration attorneys) in meetings with them shortly after the start of concurrent filing. As for the visa numbers being available, the priority dates have been current for some time before the start of concurrent filing and I do not see any way that the two are connected necessarily. Concurrent filing was started to allow the USCIS to get the necessary personal biographical information for the beneficiary earlier (with the I-140 petition) so that they can do the necessary screens before approving the I-140. That is not to say that these would not be approved; it was just a way for them to access this information sooner. As for the people getting their AOS any sooner, I don't think that has been shown to be the case with concurrent filing. And, again, relying on the EAD and AP and the filed I-485 without the I-140 first having been approved is not wise in some instances.
Click to expand...

Try to find out on USCIS site - I remember they mentioned 'efficiency' as reason.

Anyway if concurrent filing was to get the necessary personal biographical information earlier then:

1. Why is it so that non-concurrent filing is still allowed?
2. Are all the categories allowed to apply concurrently? - I would definitely appreciate your reply covering this point. Don't they need personal biographical information for those too at some point? Why not get early? Is it that someone saw in telescope that they are not carrying gun?

At this point no one knows about security check details - so concluding how it uses personal biographical information is at the best a guess!

Now don't tell me they need to know your travel plans and so allowing AP filing is reason of concurrent filing - just kidding - no offense meant! :cool:
 
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Re: Thanks Jharkhandi

Originally posted by Kat999
Jharkhandi ,

I know only you guys can understand others problems, I really dont understand why this desi companies are playing with our life. They are taking my $65 per hour(50% of my billing) and playing with my life I know they are taking lot of money from me but there is no other go.........Iam loosing hopes and prepared to go back India and continue working there.

Thank you once Igain for understanding my problem and do you think Iam doing wrong? If yes please correct me.

Best Regards
Kat
Click to expand...

Relax dude. You first duty is for yourself. If US govt is allowing legal slavery and employer enjoying it - you have all rights to take advantage of any loopholes. Just do it clearly and prepare a nice explanation - in case your new employer knows about it. All the best.

assur - would you like to add your words/experience/plans? Get Indian visa for assur(but seems he has changed his plans). :D Sorry for partial disclosure, sir - no more intended.
 
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Re: Re: Thanks Jharkhandi

Originally posted by Jharkhandi
Relax dude. You first duty is for yourself. If US govt is allowing legal slavery and employer enjoying it - you have all rights to take advantage of any loopholes. Just do it clearly and prepare a nice explanation - in case your new employer knows about it. All the best.

assur - would you like to add your words/experience/plans? Get Indian visa for assur(but seems he has changed his plans). :D Sorry for partial disclosure, sir - no more intended.
Click to expand...
It is better to go back home than "to throw stones in the streets one day" So I changed my plan.
Through H1B to GC stages, it is "Beneficiary" for USCIS and "Business" for employer and lawyer. Both are concurrent, this is my experience.
 
Even though discussion seems to be over - one final point from FBI site:

http://www.fbi.gov/congress/congress04/garrity022504.htm

And see how security check is done and how long it takes!

I believe this does not makes me feel if personal biographical information is used that early, else one would get GC in weeks!
 
Re: Thanks Jharkhandi

Originally posted by Kat999
Jharkhandi ,

I know only you guys can understand others problems, I really dont understand why this desi companies are playing with our life. They are taking my $65 per hour(50% of my billing) and playing with my life I know they are taking lot of money from me but there is no other go.........Iam loosing hopes and prepared to go back India and continue working there.

Thank you once Igain for understanding my problem and do you think Iam doing wrong? If yes please correct me.

Best Regards
Kat
Click to expand...

If you are making that kind of money go 80:20 option. It would be better. Any one file can for your GC right now. You need not have to wait for year to file GC
There are really some good companies which have ready Labor. If company is good if you feel you are getting used you can find some thing like that.
 
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Need your opinion

Pardon me if you think this question has to belong to some other forum/thread.

Here is the situation:

A person is on a valid H1B visa with a employer. But the employer doesn't pay that person. They promise for projects, but never get one and they continue to not pay the employee. But still the employer doesn't cancel the H1B visa of this employee. Finally the frustrated employee finds a new job and goes to a new H1B visa (somehow).

During the above time when the employee was not paid by the previous employer, is it a mistake of the employer? Is the employee in any way liable for this situation to have happened in the first place?

Will this be a ground for denial of visa stamping at a US Consulate when the person tries to get the new H1B visa stamped on his/her passport?

Thanks a ton for any of your expert opinion on this.
 
It will not affect your new H1 visa, but you cal informa INS about your old employer & get your pay for whatever period they have not paid.
 
Re: Need your opinion

Originally posted by stocknsurf
Pardon me if you think this question has to belong to some other forum/thread.

Here is the situation:

A person is on a valid H1B visa with a employer. But the employer doesn't pay that person. They promise for projects, but never get one and they continue to not pay the employee. But still the employer doesn't cancel the H1B visa of this employee. Finally the frustrated employee finds a new job and goes to a new H1B visa (somehow).

During the above time when the employee was not paid by the previous employer, is it a mistake of the employer? Is the employee in any way liable for this situation to have happened in the first place?

Will this be a ground for denial of visa stamping at a US Consulate when the person tries to get the new H1B visa stamped on his/her passport?

Thanks a ton for any of your expert opinion on this.
Click to expand...

Employee is not liable but he/she has to maintain the fact that he/she was not thrown out/resigned and that employer did not pay him/her. Maybe asked - why he/she did not file a complaint - one needs to find a reasonable answer. If one has got new H1b visa and going for stamping - carry all relevant financial documetns from new employer. They are, highly likely, going to ask for it.

Ands as gp111 mentioned - you can claim all salary from old employer. What he did not mention is that employer may file bankruptcy - very common cause penalties are usually very high for employer.
 
gp111, Jharkhandi, thanks much for the reply.

Can you please provide more info/details on what you mean by financial documents of the employer? I am not very clear on what kind of documents you are referring to. Appreciate your time.

I will think about how to provide an answer if they ask 'why I didn't file a complaint' for the employer not paying. That is a tough one.

I have a clean W2 for '03 with the current employer, but not for '02 with the previous employer. I hope this doesn't cause a major issue.
 
your case is H1B transfer right ? I have not seen any cases where they ask for W2s of last few years when you go for stamping ( Actually you will not be going for stamping at all, it will be a drop box application..) W2 could be a problem when it comes to I-140/I-485 stage.
 
gp111, this is my H1B with my third employer here.

No, I am not eligible for a drop box visa application, because it has been 3 years since my last H1B visa stamping on my passport expired (the expiration has to be within 1 year for you to be eligible for drop box)

So I have to appear for an interview at the US Consulate.
 
Re: No cost Free RIR Labor filing immediately

BE CAREFUL..... CHECK THE FRUAD COMPANIES THREAD ....................... http://boards.immigrationportal.com/showthread.php?s=&threadid=105902



Originally posted by Free RIR Labor
No cost Free RIR Labor filing immediately
----------------------------------


(1) No cost to you
(2) You can join any time
- before Labor filing
- after RIR Labor approval
- need 7th year extension ( if you have stayed less than 5 years on H1/L1 in US)
(3) RIR Labor will be filed immediately ( 2-3 weeks)

You always have the freedom not to join


How it works
-------------

(1) Email your name, contact phone, email, brief skillset and the best time to call you at free_rir_labor_2004@yahoo.com
(2) We will let you know if RIR Labor filing can be done for your skills. Then, you will email your detailed resume to official company email address
(3) Signing of Non disclosure agreement - You and company agree to protect each other's confidential information.
(4) Complete Labor questionairre online ( 128 bit SSL encrypted )
(5) You will receive password protected Adobe acrobat ETA750B in email.
(6) Print 3 sets of back to back copies, sign and mail to the company
(7) RIR Labor application will be sent to SESA

All the above steps will be completed in about 2-3 weeks


What you will receive
----------------------

(1) SESA and DOL Case # after it is received by company



Advantages
-----------

(1) Software professionals completing 5 years - You will be able to get 7th year extension through company
(2) You can keep working with your current employer
(3) Total cost for you - $5 (print and photocopy in Kinko)
+ $4 (Priority mail)
+ 4-5 hrs of your time
This cost will also be reimbursed after you join the company

(4) Company takes care of entire immigration cost


Company Background
---------------------


(1) Dun and Bradstreet certified
(2) Worldwide employees - 65
(3) 2003 revenues - $3.6 million
(4) Year to date approximate revenues (Jan 1, 2004 - April 15,2004) - $1.95 million


How much will be my salary?
------------------------------


- If you join BEFORE RIR Labor filing, you will receive 80% of client rate.

- If you join AFTER RIR Labor approval or need 7th year H1B, you will receive 70% of client rate.


Health Insurance
-----------------


Blue Cross Blue Shield. Insurance is valid in all the states of USA and will start after you have been employed for 30 days
Click to expand...
 
Nice marketing way - that was commercial break. If this is such a good company - why does it tries to do things in hidden way?

I never belv these punks who use public email IDs for offering fast GC.

Well done BE_CAREFUL. Keep it up.
 
Pardon me if you think this question has to belong to some other forum/thread.

Here is the situation:

A person is on a valid H1B visa with a employer. But the employer doesn't pay that person. They promise for projects, but never get one and they continue to not pay the employee. But still the employer doesn't cancel the H1B visa of this employee. Finally the frustrated employee finds a new job and goes to a new H1B visa (somehow).

During the above time when the employee was not paid by the previous employer, is it a mistake of the employer? yes its employers mistake and they may get debarred from filing h1 or greencard upto 3 years for this violation Is the employee in any way liable for this situation to have happened in the first place? not fully responsible. but per immigration laws that person did not maintain his/her h1 status properly.

Will this be a ground for denial of visa stamping at a US Consulate when the person tries to get the new H1B visa stamped on his/her passport?
most likey they may deny but you can argue. this case will considerably delay the stampling part. consular office may consult with washington prior issuing you the visa. if the new company is big then they can presure using local senators and even contact dhs in washington.

the person may come out of this problem if he/she comes forward and files a formal complaint to department of labor. as its not his/her mistake and its the employer who violated the law this person will be allowed legally stay and seek another employment with affecting the status. this protection comes from whistleblower protection of labor/immigration law which states as:

---
Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by section 5 of this Act, is further amended--

(1) in subparagraph (C), by inserting `, or that the employer has intimidated, discharged, or otherwise retaliated against any person because that person has asserted a right or has cooperated in an investigation under this paragraph' after `a material fact in an application'; and

(2) by adding at the end the following new subparagraph:

`(F) Any alien admitted to the United States as a nonimmigrant described in section 101(a)(15)(H)(i)(b), who files a complaint pursuant to subparagraph (A) and is otherwise eligible to remain and work in the United States, shall be allowed to seek other employment in the United States for the duration of the alien's authorized admission, if--

`(i) the Secretary finds a failure by the employer to meet the conditions described in subparagraph (C), and

`(ii) the alien notifies the Immigration and Naturalization Service of the name and address of his new employer.'.
---

reporting the violations is safest than seeking visa at the consulates abroad. consult with employment and labor laws and also immigration practitioners. department of labor will investigate the case free of cost and if the claim is proved he/she may get all the wages back with the interest and the employer will be debarred from filing any labor or h1 or greencard petitions for upto 3 years depending on the violation along with huge fines. later that person may also have option to file charges with eeoc for the discrimination and other damages.



Thanks a ton for any of your expert opinion on this.
 
Originally posted by gp111
lca_001

Its not discrimination if employer does not hire person with little H1 time remaining or even it is not descrimination if employer decides not to hire on H1 at all.. H1 is employers choice !!
Click to expand...

you are completely wrong.

pls read i-9 form. it is discrimination.
 
saigc

It will be discrimination if employer hires one person on H1 & does not hire other person because he needs H1, or it will be discrimination if there is pay difference because of visa status. BUT EMPLOYER CAN CHOOSE NOT TO SPONSER ANY H1 & HIRE ONLY FROM GC/Citizens... IF EMPLOYER DO NOT WANT TO HIRE A PERSON WITH LESS H1 TIME REMAINING ( & the policy is same for everybody, not single case), ITS NOT DISCRIMINATION... Read I-9 as well as H1 Guidelines from Labor Department.
 
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