whitecollarslave
02-12 05:10 PM
Hi all,
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
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x1050us
07-19 01:29 PM
I think you should be able to manage it. I am not sure if USCIS will accept report from Doctor's in Mumabi. it has to be one the cerified civil surgeon.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.
I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.
You can ask your wife to have all immunization record ready. Talk to some civil surgeons in advance and explain your situation and ask if they can provide blood report in one day. Mostly they send blood work to another blood lab so you may have to contact lab if they can give the test result in same day. Although ppd test is required but you can try to convince civil surgeon to skip it and go with just x-ray and later deal with rfe. Or you can ask civil surgeon if he accept PPD report from some other doctor's in India. Another option could be that she can take PPD injection in india and show it to the civil surgeon here. Explore all your possibilities here. You have enough time to explore your options.
I didnt mention in my previous posts but infact, I already checked with my doctor if he will accept immunizations and skin test from india. He was okay but needed at least 1 day.
Now that I managed an appointment sooner, I don't have to cut close anymore. Nevertheless, this is an informative thread in many aspects for me.
irrational
07-23 01:02 PM
Can you send me also a copy of the supporting letter
Thanks
Thanks
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hazishak
07-31 11:21 PM
I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
more...
eb3retro
04-12 11:48 AM
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
neverbefore
04-13 02:58 PM
Brother, your idea is good but practically it is very difficult.
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
Okay folks, how about this approach?
Since a lot of people do not donate because they think it won't make a difference, how about setting up an escrow-like account, which, if it meets its target (say $5M), is used for the purpose intended.
In case it falls severely short of the target by the due date, then everybody's money is returned without deducting any processing fee.
Any comments?
neverbefore
Do you see a donate progress bar at the top, it took an entire month and lot of pushing to get 10,000 US$ in donation.
People are not willing to donate, many have questions about credibility and what work is being done, some have lost entire hope and hence not willing to donate.
It is like chicken and egg, we are asking people to donate to see change, some are saying change is not there and donation does not make a difference.
If it is so difficult to collect 10,000 US$ a month how can your plan collect 5 million ?
If someone is going to ask you the following questions what are your answers,
1) If i donate 50$ what is the feedback (in terms of info, progress) that i will get?
2) What will you do if the administration thanks us and takes the donation and gives it off to a non-profit education organization. (giving donation does not mean that they will do something for us). Then what do we do.
Instead can we not use that money to lobby for our goals.
Okay folks, how about this approach?
Since a lot of people do not donate because they think it won't make a difference, how about setting up an escrow-like account, which, if it meets its target (say $5M), is used for the purpose intended.
In case it falls severely short of the target by the due date, then everybody's money is returned without deducting any processing fee.
Any comments?
neverbefore
more...
santiwar
12-13 06:58 PM
Being an eternal optimist, I am still hanging in there with a hope that things will change after the next Presidential elections.
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
2010 Stock vector clip art.
anilsal
12-24 11:57 PM
seem to be like the three classes in railways in Asia. First (EB1), Second (EB2) and Third (EB3). So unfortunate. :(
more...
raysaikat
04-10 12:45 AM
All this consultant bashing aside...and while 70% are indeed crooks....there are a lot of Fortune 100 and 500 companies where the entire IT staff is on H1B visas through these same firms.....I wonder who will handle operations if this is banned outright.....there is a reason it is still being allowed despite the abuse....
We are talking about new VISAs. Existing operations will continue as is and will provide continuity.
We are talking about new VISAs. Existing operations will continue as is and will provide continuity.
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walking_dude
11-21 07:31 PM
Folks, it's a good thing you guys are doing a grassroots drive. But please keep the chatter out of the public forums.
Anti-immigrants prowl on IV as members. If they get an hint, you are meeting any Rep./Senator on some day, they'll bombard that office with phone calls, E-mails and faxes same day or next day. It will in effect nullify all your efforts. It has happened in the past and it's sure to happen in the future.
So, please excercise due caution. Do not share information with the folks you don't know very well. These kind of actions are best suited to be carried out in your state chapter mailing-lists, where members are screened before joining. IV forums being public anyone can create a fake id in half an hour or one hour. It's not secure to carry these types of actions.
Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...
Anti-immigrants prowl on IV as members. If they get an hint, you are meeting any Rep./Senator on some day, they'll bombard that office with phone calls, E-mails and faxes same day or next day. It will in effect nullify all your efforts. It has happened in the past and it's sure to happen in the future.
So, please excercise due caution. Do not share information with the folks you don't know very well. These kind of actions are best suited to be carried out in your state chapter mailing-lists, where members are screened before joining. IV forums being public anyone can create a fake id in half an hour or one hour. It's not secure to carry these types of actions.
Thanks...I'm not in the 16th district, but if I'm not wrong digital2k is. I will talk to him and schedule a meeting with Zoe very soon...
more...
madhu345
10-09 10:51 PM
Everest Technologies? Ravi Kandimalla??? I heard horror stories about them.
Dude...you still remember this Alpheratta GA company?
Dude...you still remember this Alpheratta GA company?
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shana04
02-13 12:23 PM
Here is my scenario:
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
My first H1 was approved in 2004. But i came here in June 2005. Will my 6 year count starts from June '05 OR Oct '04 ? Pls suggest.
Thanks
To my know it should start from jun 05
more...
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softcrowd
10-10 08:48 PM
...if you are willing to see things with open mind, they are very well glorified in US markets too....that's the reason they were able to convince & win the confidence of almost all of the fortune companies....I don't think just by media hype, one could win the markets so consistently and see a continuous growth in a capitalistic market like USA.
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
If you are talking about US Media, they are glorified there too. One of the recent NewYork times best seller - "The World is Flat" is actually inspired by the words of Infosys Ex CEO - Nandan.....There are numorous articles about Indian offshore companies & thier success in all the top magazines - NY Times, Washington Times, Fortune, Forbs, Business Week, Forbes....you name it, there were plenty of artcles in each and every of these.
Coming to the attrition of employees - Top Indian offshore comany's average attrition rates are around 12-15%, which is still on par with World-wide IT companies (including IT Bigwigs in US). Even great US companies like INTEL got so many frustrated employees (& ex emps) that they started a special website (www.faceintel.com) expressing all their bitterness.
At the end, you can still say - they are just glorified bodyshoppers...that's fine. Everyone has the right to live in thier own paradise :)
I rest my case!!
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johnamit
08-15 12:22 PM
could you please share who received your app? Mine reached at 8:26AM on 2nd July too.
Thanks
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
Thanks
Hi guys,
My checks got encashed yesterday.My application reached at NSC at 8:26 A.M. on july 2,2007.It looks like they are working on our applications.As long as our papers are filed correctly,we shouldn't worry.I was also anxious like you. Just have patience.
more...
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whitecollarslave
01-15 02:33 PM
Can you please share your experience talking with the lawmakers?
neobtdb, digital2k, mpadapa,
You are one of the few people who have managed to get one or more lawmakers send a letter to the WhiteHouse. Please share your stories so others can follow.
Thanks!
neobtdb, digital2k, mpadapa,
You are one of the few people who have managed to get one or more lawmakers send a letter to the WhiteHouse. Please share your stories so others can follow.
Thanks!
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gapala
02-21 12:03 PM
Bujjigadu123, do not forget to graciously ask him,
1) What is this appointment for visit about?
2) What is he going to do with the information that he is collect from you? Specifically when he collects personal and sensitive information.
3) You should ask if its possible to meet at workplace or somewhere else other than home.
I would not be comfortable meeting unknown people specifically at home with a single phone call, its not safe too.
1) What is this appointment for visit about?
2) What is he going to do with the information that he is collect from you? Specifically when he collects personal and sensitive information.
3) You should ask if its possible to meet at workplace or somewhere else other than home.
I would not be comfortable meeting unknown people specifically at home with a single phone call, its not safe too.
more...
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swamy
04-01 10:47 PM
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
oh boy - pls tell me its not fragomen!
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
oh boy - pls tell me its not fragomen!
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admin
02-04 08:10 AM
Way to go California team. The rest of the states should look to CA as our role model.
hairstyles This is a clip art image of a
ursosweet
07-19 01:58 PM
my sincere advice to you, being a physician myself.
TB test needs min of 48 hrs to be read and if positive, you HAVE to do a chest x-ray. the immunizations are ok.
get her here on the next flight and get the medical done nxt week.
i had my medical on june 26 and i had to literaaly storm the office of the doctor to get my report done, and i mailed to my attorney......oh i can never forget that day!! it was a race against time. and am glad its over.
good luk
TB test needs min of 48 hrs to be read and if positive, you HAVE to do a chest x-ray. the immunizations are ok.
get her here on the next flight and get the medical done nxt week.
i had my medical on june 26 and i had to literaaly storm the office of the doctor to get my report done, and i mailed to my attorney......oh i can never forget that day!! it was a race against time. and am glad its over.
good luk
smurugan
12-20 06:57 PM
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
The employer does not share the LC approval with the employees. How do we find the job description filed in the LC?? Any inputs??
The employer does not share the LC approval with the employees. How do we find the job description filed in the LC?? Any inputs??
pappu
11-06 03:59 PM
Sometime this month!!
Let me narrow it down
' First half of this month'. :D
Let me narrow it down
' First half of this month'. :D