dpp
07-19 02:05 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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nefrateedi
08-22 04:12 PM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...
abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.
Good luck!
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...
abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.
Good luck!
whiteStallion
05-19 01:54 PM
Voted !
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
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pasupuleti
04-02 11:53 AM
sent both faxes
more...
sdrblr
08-17 10:08 PM
still waiting patiently :)....
getgreensoon
01-25 03:28 PM
Full Disclosure.. I am an Indian
Very glad to see that these people have been caught by the law enforcement agents. These are the people who care candidates for EB1 category for greencards. As most of these join the fake IT bodyshops and show multinational executive experience on their resume. This is not the only university where you see people from Andhra Pradesh misusing law, there are many universities in the same business. I hope to see more enforement like this. I wish the USCIS and other related agencies crack down on the misuse of credential in the greencard process. Most of the IT people with fake experience and reporting structure should be punished for violating law and legitimate people with US education should get their right place in the waiting list.
My wife is on H4 visa and looking for opportunities. She gets calls from all these consultant who ask her to get on to F1 visa at some community college and then use CPT/OPT for working on their projects.....when i came to this country to study at a top ranked university, i thought F1 visa is for higher education...now it is used in community colleges. New learning everyday!!
Hope to see more crackdowns .....
Very glad to see that these people have been caught by the law enforcement agents. These are the people who care candidates for EB1 category for greencards. As most of these join the fake IT bodyshops and show multinational executive experience on their resume. This is not the only university where you see people from Andhra Pradesh misusing law, there are many universities in the same business. I hope to see more enforement like this. I wish the USCIS and other related agencies crack down on the misuse of credential in the greencard process. Most of the IT people with fake experience and reporting structure should be punished for violating law and legitimate people with US education should get their right place in the waiting list.
My wife is on H4 visa and looking for opportunities. She gets calls from all these consultant who ask her to get on to F1 visa at some community college and then use CPT/OPT for working on their projects.....when i came to this country to study at a top ranked university, i thought F1 visa is for higher education...now it is used in community colleges. New learning everyday!!
Hope to see more crackdowns .....
more...
gc_lover
07-10 08:30 AM
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
My friend, are you new in this country?
My friend, are you new in this country?
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rb_248
01-04 08:31 AM
A freind of mine came across a gentleman, who is here on work visa and he is facing a unique problem. He is married to two persons and wants to bring his whole family here in the USA. He was looking for answer if he can get both his spouses and kids here on H4 visas. Currently both of them and his kids are in India. Interesting hmmm :D
Just when I thought that we have seen it all........
Just when I thought that we have seen it all........
more...
snallini
04-02 08:53 AM
sent both faxes.
Jc-Gc
Jc-Gc
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rsrikant
08-10 10:20 AM
instead of attacking some one who applied for LS, i suggest it is advisable to direct the anger towards DOL or USCIS.. whoever is responsible.
LC substitution is legal and probably that's why many ppl did it. why shud we blame them. we shud blame the law. and good that its been eliminated now..
i don't think we need to segregate those who applied using LS. May be most of us could have used it if we had not applied labour directly and knew that some LS is available for no price with old PD...
LC substitution is legal and probably that's why many ppl did it. why shud we blame them. we shud blame the law. and good that its been eliminated now..
i don't think we need to segregate those who applied using LS. May be most of us could have used it if we had not applied labour directly and knew that some LS is available for no price with old PD...
more...
aug2007
05-31 05:06 PM
Done
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IneedAllGreen
05-22 04:37 PM
" Logiclife " is venting his agony for these LawJokers on what they comes up with " Bargain bill". I can understand his feeling because we all are in same boat. Just fight till it end...."It ain't end untill it end" Thats all.....
more...
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gsc999
07-06 04:15 PM
GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT
Curious, why do you say that?
Curious, why do you say that?
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anurakt
12-20 03:47 PM
I may have to read this 5 times before I understand ...Any lawyers on this forum who can give us the bottomline...:)
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xyzgc
10-23 03:09 PM
After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
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vamsi_poondla
10-10 05:20 PM
You may admire them as much as you want but fact is these are just "glorified" bodyshoppers. I meet many workers from these "great" companies at my workplace and see them being treated just as "low cost alternatives" and nothing else by this huge financial company in NY/NJ area. Because of their (INFY, TATA, Wipro, Satyam) "low billing rates" these guys cant afford good lifestyle. And back home in India INFY and TATA CEOs make billions and talk BIG. I've not met any TATA, Satyam guy here who is happy with their employer. They just hate their employers and always looking for a change. I wonder where they stand in terms of employee satisfaction? They treat their people like slave and send them as low cost labor. Not only that - they exploit US immigration rules and make use of L1 to keep their people long term at cliant place when they dont get enough H1.
No difference from local bodyshoppers! Dont think they are great companies. You may say "you folks are frustrated with these companies". But this is the fact. Period.
They exploit US immigration rules and make use of L1 to keep their people long term at cliant place when they dont get enough H1. How is it exploiting US immigration rule? Will you crib the same if a Russian gaming company or UK based service company transfers their employers on L1? L1B is for intra-company transfer. Do you know how tough it is to get L1B? Try to go into Chennai consulate with L1B. Big companies are grilled like anything. How much does it cost to hire locally from US and train in all internal processes of SWITCH companies? It will be at least 6 months to become proficient. Can you expect to hire locally and train for 6 months in this competition? Where will the project go? It is not cost effective to get people on L1B and get them do the 'actual' work. Most of us work here as coordinators or client contacts. Not for doing actual work. And in that context there is no rule that is being exploited.
No difference from local bodyshoppers! Dont think they are great companies. You may say "you folks are frustrated with these companies". But this is the fact. Period.
They exploit US immigration rules and make use of L1 to keep their people long term at cliant place when they dont get enough H1. How is it exploiting US immigration rule? Will you crib the same if a Russian gaming company or UK based service company transfers their employers on L1? L1B is for intra-company transfer. Do you know how tough it is to get L1B? Try to go into Chennai consulate with L1B. Big companies are grilled like anything. How much does it cost to hire locally from US and train in all internal processes of SWITCH companies? It will be at least 6 months to become proficient. Can you expect to hire locally and train for 6 months in this competition? Where will the project go? It is not cost effective to get people on L1B and get them do the 'actual' work. Most of us work here as coordinators or client contacts. Not for doing actual work. And in that context there is no rule that is being exploited.
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helloh1
01-26 05:20 PM
hey thanks for the replies....
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.
I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?
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akp
07-02 04:44 PM
medical: $400 + waiting to hear from insurance if covered for tests and x-rays
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
Travel : 300 miles ~$100
Photo + photocopy etc ~ $100
Lawyers fee: paid by company
getting Bcs from India at short notice: ~$100 (know why!)
Taking leave from work : 3 days~$700
making parents run around babus in May heat : incalculable
our personal anxiety and anguish: incalculable
:mad: :mad: :mad: :mad: :mad: :mad:
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chanduv23
10-10 12:25 PM
Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
walking_dude
11-21 03:29 PM
Our community needs to get this - We [through non-participation] are the problem, not others.
If folks had turned up in DC rally in 10,000-20,000, if equal number thousands had written letters to their Congressmen, if all of them had visited local offices, if hundreds of them had visited DC offices - we would have succeeded by now. Steve King or not.
We did nothing, except make those last minute calls. We gave the lawmakers suggestion for solution (pass HR xxxxx), without bothering to educate them what the problem is and how many are impacted. Results were there for everyone to see, Horses bill was put for discussion before ours, making it very easy for Mr. King to do his dirty work.
We shouldn't be complaining. I bet the horse lovers (animal rights activists) were more active and successful in educating the lawmakers than our community. Hence they got the precedence.
Point is there will be lawmakers like Rep King and Sen Sessions, who'll oppose any visa increase or recapture, rain or sunshine. There are also lawmakers who are sympathetic to us to balance them out. Our biggest hurdle is other lawmakers who don't have a stand on the issue. They are the majority and their vote can go either way. Our biggest hurdle is to reach out to these lawmakers, explain our problems and convince them that a sufficiently large number of their constituents are impacted.
If we succeed in doing that, our battle is won. No King or Sessions can stop us.
Good job on bringing this back to fire.
But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.
If folks had turned up in DC rally in 10,000-20,000, if equal number thousands had written letters to their Congressmen, if all of them had visited local offices, if hundreds of them had visited DC offices - we would have succeeded by now. Steve King or not.
We did nothing, except make those last minute calls. We gave the lawmakers suggestion for solution (pass HR xxxxx), without bothering to educate them what the problem is and how many are impacted. Results were there for everyone to see, Horses bill was put for discussion before ours, making it very easy for Mr. King to do his dirty work.
We shouldn't be complaining. I bet the horse lovers (animal rights activists) were more active and successful in educating the lawmakers than our community. Hence they got the precedence.
Point is there will be lawmakers like Rep King and Sen Sessions, who'll oppose any visa increase or recapture, rain or sunshine. There are also lawmakers who are sympathetic to us to balance them out. Our biggest hurdle is other lawmakers who don't have a stand on the issue. They are the majority and their vote can go either way. Our biggest hurdle is to reach out to these lawmakers, explain our problems and convince them that a sufficiently large number of their constituents are impacted.
If we succeed in doing that, our battle is won. No King or Sessions can stop us.
Good job on bringing this back to fire.
But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.
485Mbe4001
10-24 01:25 PM
Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.
Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.
I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.
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