Same Question, Still Continuing

snehababu

Registered Users (C)
Hi All,
Though, you are tired of answering same kind of questions, I went thru the postings here already to get answers for my questions.. I did manage to get some information before posting here. So please answer my questions even if you are bored.. You are helping someone here.. Thanks again.

One of my close friend is on bench from Jan to till now with Company A and he did not get any pay checks from them but still Company A is marketing him. Company B is ready to sponser him. What are his options with Comapny B??.

1. Can H1 Transfer with the paycheck of Nov would be a good reason for RFE??. What percentage he will get approved.
2. Can he file new H1B Thru premium processing??.. In that case will INS question the reason doing new H1B instead of H1 Transfer??.. What percentage his case would be approved.
3. Can he file new H1B in regular process??.. In that case will INS question the reason doing new H1B instead of H1 Transfer??.. What percentage his case would be approved. Can he start working immed after applying in this case?/.

Let me know if you have answers. Greatly Appreciate any answers that helps.

Thanks.
 
Same answers, also still continuing

1. Can H1 Transfer with the paycheck of Nov would be a good reason for RFE??. What percentage he will get approved.

I would take the position that the employer acted illegally by not paying him. However, he was in H-1 status and therefore should be eligible for a transfer. I\'ve never done one of these but I\'d love to give it a try sometime. My position would be that the employer\'s illegal actions shouldn\'t be held against him. Of course, this works better if he was actually working and can prove it. It also would help to be in the process of pursuing the former employer for unpaid wages.

You really need to address this with the attorney handling the H-1 since it certainly has risks. Since I\'ve never done this I can\'t estimate percentages (I won\'t be able to anyway since I know nothing about your friend\'s qualifications, the company, or the position.)

2. Can he file new H1B Thru premium processing??..

Yes.

In that case will INS question the reason doing new H1B instead of H1 Transfer??

They can, but I doubt they will. In any case, the reason is fairly easy to explain, the company had him illegally benched without pay.

What percentage his case would be approved.

It depends on your friend\'s qualifications, the company, or the position.

3. Can he file new H1B in regular process??..

Yes.

In that case will INS question the reason doing new H1B instead of H1 Transfer??..

Same answer as 2 above.

 What percentage his case would be approved.

See above.

Can he start working immed after applying in this case?/.

There are no regulations for AC21, so the answer is debateable, but my opinion is no. Yes, I know the wording of AC21 seems to permit it but senior INS officials have indicated otherwise. We need regulations to say for certain. He situation is tricky enough, I wouldn\'t add illegal employment to his problems.

He REALLY needs to discuss this matter with the attorney who will be filing the case. Lots of what I said above is a matter of judgement and opinion on how to proceed. The answers could also change based on the desires of the company. Remember, in an H-1 filing, the EMPLOYER is the client.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
According to the article Indian & H-1 are Terrorist

AT&T: A Terrorist Company?


Opinion Piece from a Reader

Guide Prologue: Since the terrorist attacks of September 11th, immigration has become one of the focal points in discussions among the media, politicians, law enforcement officials and people on the street. How much immigration is safe or desirable for the United States is a fiercely debated issue with divergent opinions. A frequently used argument stresses the necessity of the immigrant workforce, especially for jobs that American citizens aren\'t willing to do. If immigrant workers are to be used as strikebreakers, the debate will keep heating up. If these imported workers are employed to replace American workers withholding their labor in a communications company like AT&T, where data security is of high importance, the controversy around immigration is fuel injected.

According to Steve Tisza, President of CWA Local 4250, Chicago, "AT&T is circumventing the H1-B Visa Program by training foreign nationals from India and China to act as strikebreakers in the event the Communications Workers of America must withhold their labor on May 11, 2002, To perform our work, the foreign nationals Must have access to every AT&T 4E and 5E switch in the United States."

The following letters written by Mr. Tisza, address security concerns and demand the resignation of AT&T CEO C. Michael Armstrong. Although some might perceive the following letters as paranoid, others agree wholeheartedly with their overall implications, so we present them for consideration, discussion and debate.

Jennifer and Peter

 

The Letters

January 24, 2002

Daniel P. Burnham, NSTAC CHAIR
Chairman and CEO, Raytheon Company
141 Spring Street
Lexington, Massachusetts 02421

RE: THREAT TO NATION’S COMMUNICATIONS INFRASTRUCTURE

 Mr. Burnham:

I am writing to you requesting an immediate inquiry and/or hearing by the National Security Telecommunications Advisory Council (NSTAC) to investigate the training of foreign nationals from India by AT&T Corp. Training is currently taking place at an AT&T work location in Oakbrook, Illinois. When questioned by the Communications Workers of America (CWA) National Office, AT&T employee relations would only state that the ongoing training is a contingency plan to be used by AT&T in the event of a strike by the CWA on May 11, 2002. AT&T has denied CWA Local 4998 access to the Oakbrook, Illinois work location and has changed all door codes. NLRB charges are in the process of being filed. However, time is of the essence.

Meanwhile, Indian nationals are being trained on work formerly performed by approximately one hundred sixty-five (165) CWA Local 4250 and 4998 represented workers from the Oakbrook, Illinois and 10 South Canal, Chicago AT&T work locations. Most of these workers were fired by AT&T on December 14, 2001. Trained Indian workers will have access to AT&T’s network via all nationwide 4E and 5E switches. Access is needed to provide AT&T’s large and small business customers services such as inbound and outbound 800 lines, ISDN and T1 pipes.

This information is being conveyed to you because of your position as Chairman of the NSTAC. As you know, former President Ronald Reagan created the council in 1982. It was accomplished via his Executive Order (E.O. 12382) due to the pending divestiture of AT&T, the increased reliance of the Government on commercial communications, the potential impact of new technologies on NS/EP telecommunications and the growing importance of command, control and communications to military and disaster response. September 11, 2001 made us all too aware of the importance of protecting our nation’s communications infrastructure. Obviously, our national air security and intelligence was breached when three of four terrorist-piloted planes hit their targets. One did not, solely because a few passengers decided to fight back.

As a CWA Local Union President and former AT&T technician, I represent AT&T/CWA employees in Chicago and Northwest Indiana. I know a little bit about AT&T security, or lack of, as a result of thirty-five years of experience in dealing with them. Did AT&T inform U.S. Security and/or Intelligence Agencies of "AT&T’s contingency plan?" Should AT&T allow foreign nationals access to our nation’s communications infrastructure? AT&T refuses to answer these questions and others. Their response has been, It’s our contingency plan." It wouldn’t take much for a computer hacker, with access to the AT&T network, to wreak havoc on our nation’s critical communications infrastructure. Why should AT&T be allowed to continue with this un- American contingency plan? Especially, in the aftermath of 9-11, the ongoing war on terrorism and current stand off between India and Pakistan.

This is not just a CWA – AT&T labor relations issue. If unchecked, it could become a potential threat from hostile foreign intelligence agents to the telecommunications, energy, financial, transportation, health care, manufacturing and emergency service sectors of our great country.

God Bless America!

Fight Back:

Steve Tisza, President
CWA Local 4250
806 North Dearborn Street
Chicago, Illinois
312-988-9177
istvantisza@aol.com
cc: Homeland Security
Business Round Table

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H4 to H1B Conversion: Does place of stamping matters ? Plz help

Hi everyone,

Is it always necessary for person to go back to place (either home country or resident) originally h4 obtained from while doing H4 to h1b conversion or can it be done while in usa or person can go to canada/ MExico to get this this coversion done.

A friend of mine is applying for H4 visa for his spouse in india. She has plan to work in usa. Appreciate your help.
 
thanks
 
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