royus77
06-27 12:36 PM
Another clause which dreads me ... "Waiver of Rights"
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
These kind of agreements doesnt stand in any court .You can always say that you are forced to sign for your livelihood period.Esp. if he is a desi employer he even doesnt dare to go to court as that will cause more damage.
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desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
GCard_Dream
12-11 11:54 AM
Can't agree with you more. Since 9 or so mandatory spending bills are pending for 110th congress and it will be the first order of business when congress opens in January, including minor provisions like these, which doesn't require any visa increase, should be considered as a possibility and pursued. If we just want to hit jackpot, it may not be happening anytime soon.
Well said actually!
From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups
1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
2) This group has not been able to file for I-485 coz of retrogression.
3) This group is stuck in Labour Certification stage and cant do anything about it.
How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:
1) The big corps are pushing ONLY for H1B increase.
2) Anti-immigrants are opposed to ANY kind of increase in numbers.
3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.
In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.
Well said actually!
From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups
1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
2) This group has not been able to file for I-485 coz of retrogression.
3) This group is stuck in Labour Certification stage and cant do anything about it.
How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things
a) Filing for stage 3 regardless of PD
b) Relief for people in the LC mess
c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)
This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:
1) The big corps are pushing ONLY for H1B increase.
2) Anti-immigrants are opposed to ANY kind of increase in numbers.
3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.
In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.
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iptel
11-30 07:20 PM
Sorry to hear about this Mehul. Wish you a speedy recovery.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
Please make sure you try Tata Memorial Hospital in Mumbai they specialize in Cancer treatment http://tmc.gov.in/.
I am not trying to make you feel good but sharing personal experiance. One of my relative was diagnosed with fatal cancer. As part of final effort they visited TMC if there is a cure. To their surprise they found Cancer to be false alarm it was just a non malignant tumor.
Mistakes do happen and I hope it happened with you too.
Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".
Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.
I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.
I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.
Please make sure you try Tata Memorial Hospital in Mumbai they specialize in Cancer treatment http://tmc.gov.in/.
I am not trying to make you feel good but sharing personal experiance. One of my relative was diagnosed with fatal cancer. As part of final effort they visited TMC if there is a cure. To their surprise they found Cancer to be false alarm it was just a non malignant tumor.
Mistakes do happen and I hope it happened with you too.
more...
Ushakiran
05-08 05:09 PM
US employment based immigration system is merit based, not need based. The EB system is to keep US industry more competitive. if you were a hiring manager, you would give a Pakistani more preference than an Indian, just because Pakistan has less infrastructure than India?
1)
For sure legal alternatives wont help. the country cap is to ensure equal opportunity for smaller countries which dont have enough infrastructure as large countries such as India/china. We cannot expect the country cap to be removed.
1)
For sure legal alternatives wont help. the country cap is to ensure equal opportunity for smaller countries which dont have enough infrastructure as large countries such as India/china. We cannot expect the country cap to be removed.
rc0878
09-17 09:44 AM
Do let us know incase your receipt numbers start with WAC
Hi,
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.
Just Checks are cashed, not yet recieved any Receipt Notices yet.
Hi,
My Checks are encased on Saturday 09/15th. My Applications received nebraska on July 20th. Since My I-140 is from Texas, the case transferred to Texas.
Just Checks are cashed, not yet recieved any Receipt Notices yet.
more...
sayonara
08-24 03:24 PM
being anguished about the situation of not getting receipts and even worse - not being able to track or check status...I emailed the attorney and asked if he could check for encashed checks or if their firm is getting july 2nd receipts...
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
His response :
"We have just started getting receipts for some of the June applications we sent. I am surprised that July filers are already getting their receipts and somehow find it hard to beleive thats the case. Anyhow we have no updates on ur case."
:mad::mad::mad:
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leoindiano
12-26 10:40 AM
I received FP notices for myself and spouse on Saturday, Dec 22 for FP at the Charlotte office on Jan 11.
- gchopes.
GCHOPES,
My case transferred from TSC to VSC to TSC, I am from charlotte too. Did you had to do anything to get FP? My application reached USCIS on august 3rd. We got all except FP.
- gchopes.
GCHOPES,
My case transferred from TSC to VSC to TSC, I am from charlotte too. Did you had to do anything to get FP? My application reached USCIS on august 3rd. We got all except FP.
more...
rbanerjee
06-22 11:49 AM
Regarding feedback from the public on skilled legal immigration, read the article below. Then go to "Discuss" and see what Americans are saying about us. They are making a tough point that in these inevitable times of offshoring, we are coming here to take away jobs that are left.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
http://news.yahoo.com/s/ap/20060622/ap_on_go_co/immigration_getting_on_line_7;_ylt=Amc.zZb07X6A849 i9qW0XfBQuk0A;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCU l
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
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jthomas
12-15 11:24 PM
I had been in US for 6 years and has a PD of October 2006, that means i have to wait a long time to get my GC. but i got my back up plans prepared. It tends to irriate me but the only way to solve is to get involved in some kind of activity. I would suggest get involved in IV. Atleast you will feel much better that you are helping a community that lead you to get your GC soon.
Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007
Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007
more...
pd2001_12
09-10 02:54 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
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drona
07-09 06:13 PM
Done. It was on the original press release but I went ahead and removed it anyway.
more...
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marty
05-30 11:54 AM
Marty,
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
Yes, get the SIN number no matter if you are settling in canada now or never.
Is it necessary to apply for SIN and Medical at this point since we are not settling in Canada for atleast few months?
Yes, get the SIN number no matter if you are settling in canada now or never.
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desi3933
07-10 12:28 AM
....
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?
Please show me any of my post where I have advised people to file for AC-21.
.
more...
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Harutium
06-22 08:49 AM
Stop pushing for a comprehensive relief and turning into a kind of Skil solution
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
(Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!
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SunnySurya
08-18 02:35 PM
That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't beleive I had been unethical.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
more...
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drirshad
08-19 03:23 AM
Indeed we are IT professionals, the billing stops our brain stops ......
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
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snathan
02-09 03:20 PM
Please donate...
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gvenkat
09-10 07:02 PM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
Well Said mate! The problem in these forums is if you have an opinion that differs from the majority, you are considered a snob. Sadly the underlying problem is EB3-I and EB3-I alone nothing else. :)
SDdesi
02-14 09:54 PM
Contributed $100 (6J641736D3197961L)
pd2001_12
09-10 02:54 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
I feel IV has to concentrate on EB3 now. Period.
That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.
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