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  • GCVivek
    03-29 02:51 PM
    H1b_Alex,

    It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.

    1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
    2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
    3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
    4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
    5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
    6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.

    Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%

    The reasons are simple and outlined above. Sorry but your chances are slim. :(



    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

    I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

    I need to clarify a few things before i nail these blood suckers

    1. How long before i board my flight back home , should i send the documents to DOL

    2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
    or copy to send to DOL

    3. What other documents should i send alongwith

    4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

    5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


    I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

    Any advices are welcome to help me bring these guys to justice.





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  • spdy_mn
    06-13 06:23 PM
    I am getting married in Jan 2008. can i go ahead and apply now? How to include the wife? will that be a problem.





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  • hydboy77
    04-15 01:11 PM
    Is it correct to say only nebraska Service center is issuing the rfe because they are pre adjudicating while Texas service center is not issuing rfe because they are not pre adjudicating 485. A vast majority of people getting rfe on 485 (95% or more) are from nebraska Service center.





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  • StuckInTheMuck
    04-30 01:42 PM
    Thanks. I have seen this document before, and if we are both looking at the same place (top of page 10), this is an average estimate that sweeps lot of detail under the carpet. USCIS's yearly updates (http://www.uscis.gov/files/article/Local%20Processing%20Times_FINAL_11Aug08.pdf) reveal more. As I said earlier, depending on where you live, your processing time can be anywhere between 5 and 15 months. From my visits to several naturalization-related threads, I have rarely seen anybody who became citizen under at least 1 year, going as far back as 2002. You are right, we won't expect another rush now as it was in year 2007 (compare the "Total" number naturalized in 2008 with that in 2007, Table 2, page 3, here (http://www.dhs.gov/xlibrary/assets/statistics/publications/natz_fr_2008.pdf)). But then, who knows what can happen after 5 years.



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  • JazzByTheBay
    12-13 04:21 PM
    <Deleted Deleted Deleted>

    Sorry for the extra bit of sarcasm here, but I seriously expect us to raise a million $ for our efforts from the 25,000 members (or at least raise our targets significantly... ), and get some more ideas on resolving some of the communication and logistics issues - so any ideas that help us towards such a goal are welcome.

    jazz

    I agree. I feel that the only thing that would be acheived if IV became a paid website is loss of membership. Then our PR documents will start with "IV is an organization of 200 members who are affected by ... "

    Human nature is such that a few lead and others follow. We should recognize this and move on.





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  • wandmaker
    06-02 12:17 PM
    called all of them, updated the poll.



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  • BharatPremi
    12-13 03:33 PM
    I never have and never will like the idea of being asked to pay, I give what I can unasked. What of the people that by circumstance do currently not have these amounts of money to spare. I should not have to feel excluded nor should I have to explain my very personal reasons why to everyone.

    Have you guys looked in the forums lately, people are getting "yelled" at and talked to rudely if they do not disclose how much exactly they have contributed. So we are only allowed to an opinion or help if we have money?

    I will contribute when I have money to spare, however it seems I will have to leave this organization based on the comments that have been out there before I get to the point where I can afford to contribute. That goes for both time and money, some of us have responsibilities that we do not want to disclose.

    *sigh* I might have just opened myself up to the ones that like to attack....go ahead...

    :) Do not worry.





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  • learning01
    02-01 01:27 PM
    Your position on will be part of IVs position.

    We all have our roots in H1B. So, my friend what is your position?

    What is IV's position on more H1Bs?



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  • bigboy007
    07-18 03:24 PM
    It seems few applicants who mailed on 6/29 or 6/30 did got RD of 7/2
    http://www..com/usa-immigration-trackers/i485-tracker1/



    just wondering how ???
    i sorted based on application mailed date , all are pending !!





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  • wantMyGC
    07-14 07:27 PM
    http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?chan=top+news_top+news+index _businessweek+exclusives

    The Gandhi Protests
    Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest



    Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.

    "We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."

    Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
    Long Delays Spur Protests

    The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.

    The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.

    The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
    Joining the Chorus

    Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").

    Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.

    "This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."



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  • dbcd
    05-24 01:35 AM
    SunnySurya,

    BTW, I don't know who this pointlesswait is.

    Anyway, I guess people in this forum still have the right to be disappointed by how lawmakers behave. Listen, I have hope that some form of legal imm legislation will pass some day, may be within a year, but I do believe it would take some serious lobbying efforts by powerful people to achieve that. That just seems to be the reality. You can try to ignore reality if you want.

    DBCD

    Paskal, Nixtor and other moderators, please run a quick check on dbcd.
    I suspect he is same as pointlesswait.





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  • satishku_2000
    02-01 07:08 PM
    Guys

    I know an instance where a big american pay roll company got people from india on business visa and made them work for $50 per day and the poor guys were slogging more than 10 hours a day.

    Ofcourse the manager is a desi ..



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  • sundarpn
    01-03 12:20 AM
    bump. :(. pl. keep updated.





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  • anands26
    02-13 04:10 PM
    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.



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  • breddy2000
    04-03 08:17 PM
    whats up with USCIS issing RFE's and stuff for people with PD's so far away..Iam not sure what the RFE is but it makes me wonder what USCIS is doing with files with a PD of 04 that too eb3..:rolleyes:

    So far what I have seen from various forums, looks like its a standard RFE for most of the cases.
    Asking for updated G-325A(Its an updated form little different than what we submitted during july 2007) and EVL.

    Just submitted my evidences today to USCIS to the RFE I received on March 19th. Hopefully it may mean that all other evidences are fine...like BC, MC and Medicals....





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  • caliguy
    09-16 07:56 PM
    I am going to submit an issue with CIS Ombudsman @ DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)

    I have also asked the attorney to send an email @ Texas Service Introduces Streamline Procedure for I-485s and I-140s
    Labor Immigration Law � Texas Service Introduces Streamline Procedure for I-485s and I-140s (http://www.laborimmigration.com/2008/11/texas-service-introduces-streamline-procedure-for-i-485s-and-i-140s/)

    Attorney got back to me and said we will have to wait until 1st October, as he opened a SR on 1st September and TSC asked him to wait for 30 days.

    At this point, I am running out of options....maybe a letter to the first lady??



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  • rajuseattle
    04-18 08:11 PM
    NNreddy:

    I would request you start a fresh thread and people can answer your questions.





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  • sandy_anand
    04-18 04:54 PM
    Congratulations!





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  • reddog
    03-11 11:38 AM
    I am totally against the idea of banning/booting anyone who is in the same boat as us.
    keep adding buzzwords, so that posts can get filtered out instead of banning members.

    this is the internet and no one is trying to get personal, and revealing your alter ego is a part and parcel of online forums, especially when you are known only by your handle.





    leoindiano
    03-13 10:19 AM
    One step closer.

    With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.

    Hope it will step into 2005 in next 4 months....





    satyasaich
    07-10 02:49 PM
    For what? we all had enough of this drama and trauma as well.
    Let's wait and see

    I can trust this guy because of his recent past blogs which turned true.

    Can i celebrate? I want to.



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