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  • thescadaman
    10-06 09:19 PM
    1 of my friends agreed to be there. Hence the head count from my side is 3 - Me, my wife and my friend.

    See you all at Madras Pavillion tomorrow.





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  • seeking_GC
    11-27 03:27 AM
    hi,
    thanks for the answers to the questions.
    No, the company is not Jean Martin Inc, its a small consulting company.

    My I-140 is approved.

    I got the project on my own and have negotiated my salary which is pretty decent (>100K). I have always been paid on time and definitely greater than what is mentioned both on the H1B app and on the Prevailing Wage

    I have a couple of follow up questions -

    Assuming I am contacted by the DOL and I provide the answers.

    When does one know of the details of the audit? (How long does it take?) also -are the determinations to approve and reject the LC made at a company level or on a case by case basis for each employee.In my case I had hired my own lawyer and diligently followed all the steps required in the PERM process based on my lawyers advice.

    Am I at risk here??





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  • Dalai Lama
    02-28 12:34 PM
    why do you want money here from India. You need to send all money to India from here. eventually we have to go back we are not going to get greencard.

    If you already have greencard then this is wrong place to ask anything. You are not like us.





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  • sobyb
    04-04 10:29 PM
    Just for any one in similar situation, please go ahead and apply for H4 status change using I539 and mention that you where not paid even after willingness to work. Please have all your communication with your employer ready (emails, tel bill details etc) which clearly shows your intend to work and please go ahead and complain against your employer with DOL. You don't need to sign I-9 or any other document to prove your willingness to work as your employer is already aware of your COS from Oct 01st.



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  • iqube00
    04-25 11:48 AM
    Hello,

    I was late in filing my EAD. I filed my case in Texas Service Center only about 45 days in advance of my expiry. I admit it was huge huge... mistake on my part. Now my EAD expired last week and I am out of my job. I might lose my job for good if the processing time ends up taking the standard 90 days. My employer has told me that they will simply not wait beyond 2 or 3 weeks.

    I have tried the following things to get my case expedited and it has not worked.

    1. Called USCIS and put in a request to expedite my case citing the personal financial loss. My request got denied saying that there was not enough evidence in my case.

    2. I was advised by the customer service rep to draft another letter and send some evidence to expedite my case. This time around I drafted a letter to expedite my case citing personal financial loss and humanitarian reason. I enclosed my checking and statements showing my cash balance and also statements of all my debt obligations such as mortgage and credit card balances. I also enclosed receipts of prescription medication that I am taking for high blood pressure. I have mailed it and I am still waiting for a response.

    3. I tried expediting through my local congressman's office and that got denied too saying the process has not gone over the standard 90 days and they would not do anything about it.

    4. I made an appointment at the local USCIS office and tried plead my case and they too were not willing to help as it was still under the 90 day standard processing time.

    So, so far nothing that I have tried has worked. I wanted to reach out to folks here to see if there were/are others in the same boat as I am. If so has anything that you have tried worked? Anybody has any suggestions on what else I could do to get my case expedited?

    I will appreciate all your advice.

    Thank you





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  • songlan
    06-12 08:27 PM
    The bigger problem is abuse of the H-1B holders who are working here. The U.S. government requires that employers of H-1B workers pay prevailing market wages based on Department of Labor schedules or market surveys. Those regulations have no teeth, Courtney says, companies are audited only when a complaint is filed, and many foreign workers are too afraid to protest. Even HP's Nicolett says that the threat of a government audit isn't enough to keep some shady employers from stretching the limits.

    A December report by the Center for Immigration Studies--which describes its vision as "pro-immigrant, low immigration"--found that loose definitions of prevailing wages and ambiguities in job titles, experience levels, and other factors let employers pay H-1B computer workers $13,000 less a year, on average, than U.S. citizens in the same states and occupations.

    Follow That CapUnder current laws, the government can fine employers $1,000 to $35,000 for not complying with H-1B pay regulations, and it can impose other requirements, such as demanding payment of back wages. Employers guilty of violating H-1B rules also can be banned from using that or other immigration programs for up to a year. Even so, there are few documented cases of fines being levied against companies, says Susan Cohen, an attorney who manages the immigration sector of law firm Mintz Levin.

    There are other ways to stretch the law.

    Emily Huang, a database manager in the United States on an H-1B visa from Taiwan, likes working and living here and hopes her employer eventually will sponsor her for a green card. She says she has always been paid fairly, but a few of her friends who also have H-1B visas haven't been as lucky. "I have friends who work long hours with less benefits," Huang says. A software engineer she knows works until 10 or 11 every night while colleagues go home at 7. Many H-1B workers are hesitant to complain about their employers, afraid they'll lose their jobs or be forced to go back home. "H-1B means you have to have a strong work ethic, you need to prove your worth in an organization," Huang says.

    In Demand

    Conversely, H-1B visa holders with skills in high demand can earn more than what's considered the market norm. Juan Gutierrez, a senior programmer and analyst from Colombia, has been working for IT services firm Information Systems of Florida for about five years. He was recruited to work here when the company opened a development center in Colombia; he's one of the 50-employee company's four H-1B visa holders. The U.S. schedule of prevailing wages in his region calls for a programmer at level 4 to earn $68,000 a year. "But my company pays me a few thousand dollars more," says Gutierrez, who adds that his employer also has been supportive as he has waded through the frustrating green-card application process. "Yes, there are companies that exploit people, but those companies are at the far end of the curve," he says.
    Staffing firm Hudson employs about 80 H-1B tech workers for a range of jobs, including consultants with expertise in CRM, ERP, middleware, and Web development. It mostly hires H-1B workers already in the United States by applying for visa transfers, since the cap makes it difficult to obtain new H-1B workers from overseas, and processing fees and legal costs are expensive. Hudson looks for CRM deployment and other "domain knowledge," says Sonia Seth, director of recruitment for People.com, a division of Hudson. Seth, an Indian national, has been in the country for six years with an H-1B visa and awaits her green card.

    Lower cost is one of the attractions of using H-1B workers, Seth says, especially for skills that are hard to find. "Finding experienced people is getting more difficult. You pay the price," she says. While an experienced American CRM consultant might fetch $110 per hour, a similarly experienced consultant with an H-1B visa is paid only $70 per hour, she says. But depending on experience level, Seth adds, some H-1B workers can be more expensive than their domestic counterparts.

    Whatever Happened to Training?

    While tech vendors may have difficulty finding specialized people with advanced degrees, many companies don't have to look outside the country for talent. There are plenty of people here, especially if a company is willing to train. Amanda Poor, manager of application development at a large multinational company, is looking to fill a junior Visual Basic developer position in her group, which has about dozen people. "A few years ago, I'd have to throw out 90% of the resum�s we received," she says. Now, at least half of the resum�s are from qualified applicants, and they run the gamut from mainframe pros looking for a change to recent grads from nearby Virginia Tech. "You try to bring in someone at a junior level and train them, and if they hang around three or four years, they become very valuable," Poor says.

    Not all IT managers think the way Poor does. One of the strongest arguments against raising the H-1B cap is that it gives companies an excuse not to develop and train their staff. IT pros, more so than most other professionals, must constantly develop their skills and often are expected to do it on their own dime and time.

    "There's age bias and great pressure to keep up IT skills," says Rick Flaviano, manager of information systems at Dofasco Tubular Products, a maker of steel tube products. "If you spend 20 years in accounting, you're supervaluable. Debits and credits haven't changed." Companies that hire H-1B workers should be required not only to recruit American workers first, but also to conduct training programs for their staffs to fill those openings, he says.

    In fact, when Congress raised the H-1B visa cap in 1998, it also raised the processing fees, creating a training fund for American workers. Companies have paid about $1 billion into that fund, which has financed National Science Foundation scholarships for about 40,000 students and training programs for more than 82,000 working professionals, the Department of Labor says.

    Rick Black, a senior systems analyst for utility company Scana, which employs a number of H-1B visa holders from India, lives on both sides of the issue. "By letting these workers into the U.S., they keep the money here, with lodging, transportation, living expenses," says Black, a 25-year IT veteran. "By increasing the number of visas, more of the money actually stays in the U.S., and it's better for the economy."

    But Black, who holds an MBA, also understands that it's critical for IT pros to constantly improve their skills. "My MBA has helped me to get different jobs and avoid being laid off," he says. "You can't stay put; you have to keep up." That could be part of the reason some unemployed IT workers still are finding it difficult to land jobs, he says.

    As the nation continues to debate immigration and visa issues, there's an unsettling reality bubbling below the surface that could impact U.S. tech competitiveness: Not every highly skilled techie overseas considers the United States the best place to work.

    "The tech industry is booming in Taiwan," says database manager Huang. "Most people there don't want to come to the U.S. because there are plenty of good opportunities in Taiwan." The upshot: If the United States doesn't make it easier to welcome brilliant minds into the country, while also making a more serious attempt to produce its own crop of new talent, then the next big harvest of technology innovation--and ultimately jobs--may be reaped elsewhere.



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  • NolaIndian32
    03-10 02:33 PM
    When you entered the country your status was set as "Parolee". You can continue to work on your H1b since you have a valid work authorization document. When you apply to extend your H1b (if you don't get your green card by then) and your H1b extension is approved you will be back on H1B status.

    I really don't know what the hoopla is about the I-94; I haven't left this country since Nov 2002. I have been been in the US since Aug 1994 and have traveled several times back and forth prior to 2002; never did have a problem with the I-94 during those trips (guess i need to ask my atty too!)





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  • forgerator
    02-17 06:26 PM
    Dude,

    I followed the steps I wrote and got the refund, did not do any 'jugaad' like you.

    Grow up, learn to accept that there are multiple ways of getting a refund !!

    Depends on when you filed. The rule is changed now - previously they allowed to file separately but now they must be filed together. Not sure what multiple ways of refund you're referring to, I think you're confused.



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  • mjdup
    10-15 06:29 PM
    I bet "iwantgc" is never going to put up another post ! Must have had a blast reading all replies over the weekend. Better to put brains before letting the words slipe out...sorry man !





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  • needhelp!
    10-03 05:42 PM
    guys, please post if you are from houston even if not attending
    RSVP..



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  • SmSm
    06-15 12:17 PM
    FYI
    Most insurance companies cover the immunization and test part of the USCIS medical exam.
    When finished with the Dr.'s office don't forget to take the receipt and then file for insurance claim.
    We did ours in Jan 2004 when we filed our I485. It took me another 6 months to go through the insurance claims and few follow ups with the Dr.'s office and the insurance company. But I did get 350+350 = $700 refund that was useful to file for repeated AP and EADs.

    May be you can donate it to IV if you get the money back from insurance company since you learned that here at IV. Actually you should donate that to IV.

    Our insurance company at that time was Humana.





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  • chanduv23
    05-06 12:16 PM
    Thanks folks, for all the replies.
    Does anyone knows about pensylvania state, whether temporary license is possible in there on 1st july or not? how to approach the board regarding this?..
    regarding filing h1b,, even if it is filed before end date of previous h1b approval, doesn't mean you can stay after expiry date. it has to be approved, if i am not wrong.
    for my case. filing date for new visa may be june 09.. and expry date of previous visa is june 30th, 2009. so, if i don't get I 797 back by jun 30th, 2009. that means, i am out of status.. right?:o

    Not really. As long as you applied for the h1b transfer and have a receipt notice, you are fine. When you get the h1b approval, you will get an new i 94 attached to the bottom which confirms your extended period of stay.

    If you are concerned an want to play safe, get the transfer done via premium processing so that you get approval in couple of weeks.



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  • texcan
    10-15 08:45 PM
    Renew your passport and at same time you can request for additional services as endorsement of VISA's form old passport to new one.

    You will get old passport, and you can use it lto show your visas are valid, and in addition you have new passport.

    TO answer your question about canada immigration.

    i did renew my passport before i went to canada for immigration, no worries at all.
    My old passport had expired US H1 visa stamp, i carried my h1 extension and did not get h1 stamped.
    I user AVR ( automatic revalidation of visa) to get back in US without actual visa stamp.

    No worries, just carry your papers.





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  • sbajaj80
    09-07 03:28 PM
    Got receipt Numbers..It seems they have mailed recepits yesterday

    When did your checks get cashed?



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  • yagw
    11-10 05:13 PM
    [ deleted ]





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  • sss9i
    04-13 07:22 PM
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  • Humhongekamyab
    06-25 02:35 PM
    This is purely political, after bush annouced support for McCain, republicans have to do something to get more vote from labor unions or workers which are generally get along good with democratic party. The reason is , the time they have selected to bring this up. Otherwise, the firm has long history of practice, whatever happened might not be something new. But this might be a good point in current economic condition to make a political issue and attract democratic voters. I wonder why Fragoman is not issueing any statement. Does the firm already know why this happened and is in confidence that this is just a political gimick? Why leading news company like CNN is giving importance to this? Is this something coming from top? DOL looks like fearless while issuing that statement. Looks like somebody has put his hand on his head and said DO NOT WORRY. Otherwise it is quite possible that this kind of action may result in class action lawsuit. But seems nothing to be happening...

    And if this is a political stunt, then we should start worry about those bills and start calling or do anything we can to help pass those bills..

    Fragomen is a big firm and the fact they are sitting quite shows that there was some wrongdoing on their part. Let's hope they come out with a statement. I am not sure why they are so quiet.





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  • ssd213
    07-17 09:35 PM
    Question 3. I filed my I-485 before retrogression, when my priority date was current. I am now married and my spouse is in the U.S. Can my spouse file an I-485 as part of my case? Can my spouse get an Employment Authorization Document (EAD) within a few months?
    �MurthyDotCom
    No and no. In order to file an I-485 adjustment of status application, it is necessary to have an immigrant visa number available immediately. Derivative spouses are eligible for the same employment (EB) category and same priority date as the primary spouse. If the latest U.S. Department of State's Visa Bulletin cutoff dates, always available on MurthyDotCom, indicate that there is no longer a visa number available for the particular priority date, then it will be necessary to wait until the priority date becomes available in order to file the I-485, the employment card, and advance parole (AP). The EAD and AP are filed based upon the I-485 filing. They can be filed with the I-485 or after it is filed. Thus, if an I-485 cannot yet be filed because a priority date is not current, the EAD and AP cannot be requested.





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  • kumar1
    07-06 10:15 PM
    I asked following questions to the immigration officer while he was looking in to his computer. Also, I saw him typing my I-485 LIN number in the system and later he typed my A# in the system and spent 3/4 minutes looking on the screen.

    Q1 - What should I do after one year of I-94 validity?
    Ans - Go to the local airport immigration office, they will issue a new I-94 card with another 1 year validity. Personally, I think his answer is incorrect. Once I am in AOS, I-94 date does not matter much.

    Q2 - What is going to be my status starting today?
    Ans - You are a PAROLED PERMANENT RESIDENT ALIEN of the US.

    Q3 - What is PAROLED PERMANENT RESIDENT ALIEN?
    Ans - You will be considered PAROLED till you get your Green Card. (You know, I still do not know why it is called PAROLED. My understanding it that it is a conditional entry to the US)

    Stamped . Have a good day....


    If your I-94 is valid for only one year, does it mean that you need to get it revalidated again as soon as the date is reached?





    rxsimha
    02-12 06:36 PM
    If you are in a stable job and got EAD...whats the problem using the EAD. Her employer might be right. If your wife is not getting paid in H1B, theemployer would get into trouble if there is any audit.

    Thanks for the reply.
    But I am currently using H1-B. That is, I have not started using my EAD yet.
    Should is be a problem?
    And in this economy I don't feel my job is very stable.





    CantLeaveAmerica
    03-27 09:24 AM
    EAD - SIX months
    AP - FOUR months
    I believe EAD is 4 months also and not 6 months



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