Wednesday, June 29, 2011

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  • Hrithik
    01-21 12:07 AM
    Hi,

    I am quite frustrated with my present situation. Here's my sad story:

    I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(

    Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(

    Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.

    I am planning to quit the company B and join company C.

    Here are my questions:

    1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?

    2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?

    I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)

    Please help me !!

    Regards.
    Hrithik.





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  • logiclife
    03-02 02:26 PM
    No.

    It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.





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  • clear485
    08-26 02:30 PM
    Hi Guys,

    I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?

    Recently went through the following info....don't know if it helps you or not....

    USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal

    The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.





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  • jthomas
    03-30 02:38 PM
    My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.

    P.S: I do not have a job yet.

    If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms

    JThomas



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  • nozerd
    01-14 12:45 PM
    Your friend will only have problem if he tries to go directly from India to any Middle East, African, Eastern European , East Asian or Australia/NZ.
    They will not allow your friend to board the plane from India without clearence from Labor Ministry in India.
    It is mainly done so ppl arent exploited. Like taking young girls to Middle East where they may be abused.





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  • Orange
    01-17 07:47 AM
    I mailed my EAD application around 2nd week of Dec'09 to Nebraska. I too was waiting for my check to be encashed. However, last week I got the check( with the correct amount of $340.00) returned. Couple of days later I got my EAD application receipt with the application fee shown as $0.00. My attorney was fine with it.

    You should be getting your application receipt soon. If not, get in touch with the customer service.

    Hope this help!



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  • STK
    02-08 02:01 AM
    I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
    1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
    2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
    3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
    4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
    Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:





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  • biznuge
    03-01 08:21 AM
    looks totally kinetic type. nice!



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  • Steve Mitchell
    April 18th, 2004, 11:03 PM
    Nice job. Looks like you had no troble getting your desired focus point with the D@H. How are you finding the D2H? How long have you had it? What did you have before?
    Here are some shots with the D2h and 105mm...what do you think?

    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0827.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0832.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0833.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0839.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0841.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0881.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0914.jpg
    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0948.jpg
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    http://photos.imageevent.com/emilydinh/phatshare/websize/DSC_0971.jpg





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  • bnaredla1382
    08-06 11:54 AM
    Hi
    I am planning to port my EB3 to EB2 but I donot have the Approval copy of my I-140 of my EB3 (But I have the receipt number) and I asked my privious Employer(who applied my case in EB3 and I used AC21 and moved to another company) for a copy of approved I-140 and he is not willing to give it to me.
    Can I still port with out having I-140 approval copy of EB3? if yes, how?



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  • ski_dude12
    06-29 07:15 PM
    Anyone...???





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  • DallasBlue
    07-31 08:23 PM
    http://immigrationvoice.org/forum/showthread.php?p=102776

    Washington Evaluation Services (Washington Evaluation Service)
    210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
    Phone: (202) 543-2595
    Contact Name:Terry Erb

    you can also try:
    Trustforte ( www.trustforte.com)


    good luck

    --disclaimer: just personal view, do your research.



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  • mrdelhiite
    08-11 11:59 AM
    hello all,

    i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.

    i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.

    thanks
    -M:confused:





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  • minimalist
    08-03 02:30 PM
    Generally attorneys charge a retainer fee. What that means is they are willing to represent you regarding any issues with a case. Some services are covered with retainer fee and they may charge additional fee based on any extra work. For Example AC21 Retainer fee is around 750/- where they submit a G28. Then for any RFE they generally charge in the range of 250$.



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  • ivvm
    10-22 11:25 PM
    Why should USCIS send two notices? To answer your question..NO..they will send you one date and location for FP! Also you have to do your FP every 15 months or so..if your case isnt approved by then!





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  • nixstor
    08-23 11:10 AM
    Address change (AR-11) has to be filed irrespective of whether your GC is in process or not. Even International students have to file AR-11.



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  • Jerrome
    05-20 04:44 PM
    Are people getting soft lud on 485 recently?.

    The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..

    I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.





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  • deardar
    06-17 06:41 PM
    The Doctor's office will usually have it or else download it from the internet.
    You can fill it at the doctors office. Bring ur Passport to his office.





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  • loti_GC
    12-02 10:58 PM
    I also had the LUD on my Oct. 2004 H1b case. Seems like they were doing something with 2004 h1b cases.





    vennella
    06-18 02:46 PM
    Thank you frostrated for your reply!

    I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
    So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.





    dontcareanymore
    12-18 05:28 PM
    Hi

    I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.

    I have 2 questions here.

    1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
    Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.

    2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).

    Please advice, I will really appreciate your suggestions on this ASAP.

    Thanks

    Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.



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