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eb3retro
12-25 01:23 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
for god sake, let us know the name of the employer. that will save a soul or two. thanks.
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
for god sake, let us know the name of the employer. that will save a soul or two. thanks.
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ssingh92
05-03 01:17 PM
Hey - can you please tell me where you applied for the 4 yr DL. I have always got my DL extended only till I-94 expiry or of late - till my EAD expiry. I renew my DL in Columbus. Can you please share your experience as to where you got your DL renewed?
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
I think PA is very liberal in issuing the Dr. Lic. Last year (2008) I cam back from India using AP and I received my Dr. Lic renewed upto 2012. I just applied online printed the form, went Norristown (near King Of Prussia), showed him old unexpired Dr Lic, He took my picture and issued me Dr Lic..
This is why I dont want to move in other state. If I had to then I will keep my permanent address in PA, twice in a month will come back here.
dummgelauft
07-28 01:08 PM
In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.
Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.
And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.
I plan to go back regardless of GC.
It will always be poor. Always corrupt, always overpopulated. There is going to be civil unrest, on the scale of a civil war..just watch. The have nots will eat the "haves" for breakfast, lunch and dinner.
Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.
And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.
I plan to go back regardless of GC.
It will always be poor. Always corrupt, always overpopulated. There is going to be civil unrest, on the scale of a civil war..just watch. The have nots will eat the "haves" for breakfast, lunch and dinner.
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satishku_2000
06-15 10:41 PM
1. First USCIS has to collect tons of applications that will be filed .
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
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kumar1
07-17 02:17 PM
Screw Murthy !!! I have never seen him picking up any good news.
tikka
08-07 11:48 AM
[QUOTE=tnite;141114]Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
SORRY FOR THE CONFUSION!! LUNCH IS AT NOON!!!
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
SORRY FOR THE CONFUSION!! LUNCH IS AT NOON!!!
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NIW
08-31 12:24 PM
Just Ignore him. He thinks foreign workers are cheap labor. My wife recently got Outstanding Resident physician award in a huge urban hospital where she competed with 100% bright and talented American MDs.
Lou! I don't think we have any classes to improve IQ. Its genetic.
Lou! I don't think we have any classes to improve IQ. Its genetic.
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shahsahil
04-17 02:46 PM
Filed Feb 22/06 got approved on March 7/06
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
It is a fresh application.
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
It is a fresh application.
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lord_labaku
07-06 05:21 PM
longer guns, rifles have less strict carry requirement as they cannot be concealed. Usually handguns need a carry permit to be carried around concealed.
A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).
Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)
A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).
Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)
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morchu
05-21 12:39 AM
I believe he just meant to say "not possible with one 140".
He just mentioned it in a confusing way.
"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."
The petition mentioned here is an I140 for EB1/EB2/EB3.
So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
He just mentioned it in a confusing way.
"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."
The petition mentioned here is an I140 for EB1/EB2/EB3.
So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
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ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
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gcseeker28
08-12 02:27 PM
So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
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freedom_fighter
01-15 09:22 AM
anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.
How long does it take to get the actual card after approval notice is sent.
How long does it take to get the actual card after approval notice is sent.
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simmy78
08-10 02:13 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
Thanks.
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Dhundhun
06-02 12:44 AM
good point... is the employer supposed to share the labor information with us?
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary
Employer should let employee know it.
The reason they employers to hide is that if known, an employee may leave easily.
Yes. One need to know, how LCA for GC was filed for at least two things:
-- Job Profile
-- Salary
Employer should let employee know it.
The reason they employers to hide is that if known, an employee may leave easily.
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saimrathi
07-03 11:20 AM
Well, here are the thoughts.
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
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johny120
08-24 08:52 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
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neelu
02-09 11:27 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
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vybe3142
07-25 12:03 AM
thanks much, ...
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
gc_chahiye
11-27 01:47 PM
Rajen,
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).
Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.
Whats the status of the LC now? Why has the I-140 not been filed?
Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
Consulting company lawyer says they filed it prior to July 15.
Thank you
If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).
Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.
Whats the status of the LC now? Why has the I-140 not been filed?
gc2005
11-17 01:48 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
Is there really that many applicants from India than China
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