pappu
07-01 08:26 PM
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
wallpaper watercolor painting of flowers
msyedy
05-24 04:07 PM
Although problem is genuine, no body (media, lawmakers, and US citizens) noticed our problem and recognize out contribution. We need to do something non-traditional to draw the attention of media. DC meet is one good chance, if we can gather significant quality heads. I am scared that only around 1000 members (may be less) are active at the peak of depression. And I don't know how many will show up to DC.
Immigration is not our right but at least, world should know the injustice.
I am not worried about H1-B.. They cannot and will not put the restrictions that they have in the bill and the new amendments being proposed.
Trust me you will see that I was right.
WALL street,silicon valley,middle vendors,big vendors,desi;s,small businesses
all will die in no time. I repeat that they will not touch H1-B.
The problem that we face is how to remove this retrogression. How we have to fight for it?
The big companies will help us in getting some relief but we really have to voice our concerns and get the media know what we need.
We should stop worrying about H1-B
We should ask the congress for I-485 filing as Illegals can get in no time, so why are they stopping us (Very Valid Point)
Need more visas to remove backlog.(You increase visas to get the illegals get through to their GC fast, then why are we held up
Immigration is not our right but at least, world should know the injustice.
I am not worried about H1-B.. They cannot and will not put the restrictions that they have in the bill and the new amendments being proposed.
Trust me you will see that I was right.
WALL street,silicon valley,middle vendors,big vendors,desi;s,small businesses
all will die in no time. I repeat that they will not touch H1-B.
The problem that we face is how to remove this retrogression. How we have to fight for it?
The big companies will help us in getting some relief but we really have to voice our concerns and get the media know what we need.
We should stop worrying about H1-B
We should ask the congress for I-485 filing as Illegals can get in no time, so why are they stopping us (Very Valid Point)
Need more visas to remove backlog.(You increase visas to get the illegals get through to their GC fast, then why are we held up
Rajeev
01-31 12:24 PM
Bump
2011 Watercolor Flowers. Painting
akred
07-14 07:26 PM
Done
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DesiGuy
09-17 12:39 PM
Hon. Conyers Jr.
Chairman
(D) Michigan, 14th
http://judiciary.house.gov/about/members.html
Chairman
(D) Michigan, 14th
http://judiciary.house.gov/about/members.html
whiteStallion
07-02 05:43 PM
[QUOTE=Humhongekamyab;259652]
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
QUOTE]
I think its 3 years from the event, that you have to file a complaint. If its past 3 years, you cannot file the complaint. The event may be such as you left the employer and your employer withheld your last paycheck(very common issue with desi consultants) in the name of covering your H1 expenses etc.
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
QUOTE]
I think its 3 years from the event, that you have to file a complaint. If its past 3 years, you cannot file the complaint. The event may be such as you left the employer and your employer withheld your last paycheck(very common issue with desi consultants) in the name of covering your H1 expenses etc.
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fatjoe
09-15 10:08 PM
What works for someone may not work for us. VXG and others were lucky we are not as simple as that which does not mean that we left any stone unturned...it just doesn't work that way.....but again will keep on trying...
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
I have tried it several times. You can talk on behalf of your spouse. But your spouse has to be there at that time, as the CSR first asks if that is your case. There is no need to tell lies, you can always say that you are enquiring about your spouse. The CSR makes sure that your spouse is there at that time, and talks to your spouse first before talking to you about your spouse's case.
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
I have tried it several times. You can talk on behalf of your spouse. But your spouse has to be there at that time, as the CSR first asks if that is your case. There is no need to tell lies, you can always say that you are enquiring about your spouse. The CSR makes sure that your spouse is there at that time, and talks to your spouse first before talking to you about your spouse's case.
2010 Painting for sale Pink Flowers
ashkam
06-11 08:58 AM
Whatever you do, don't flee the country. You might never be able to reenter again. And I don't know what kind of extradition treaty the US has with India so I don't know if fleeing will even help. I would say defend yourself and cross other bridges as they arrive.
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lucas
07-14 05:52 PM
Signed, well deserved for the antipathetic old man.
hair Watercolor Painting by Pam
arrarrgee
07-16 10:37 AM
signed
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
more...
JazzByTheBay
07-17 10:06 PM
FIX LEGAL IMMIGRATION FIRST!
Of course, now we risk alienating the "undocumented worker" community, but is that such a big deal given we're legal and struggling and hoping that America does the right thing to get us out of this gray area... ?
On a different note, I can't wait to see what an EAD and AP looks like. When does the clock start ticking? Is it 90 days or 180 days? :)
I so want a vacation! :)
jazz
Lets ask Core not to just go with the temporary fix of July visa bulliten.
We might apply for EAD and AP but what if they throw our papers some where and repeat the same thing.
This time they will be very careful in issuing visa bulliten
In future very slow progression in visa dates...adjudicating cases very slowly always stating that due to july visa bulliten we have lots of cases ...we will not be able to do anything until we sort ou...blah blah...
This is not the fix
We should be firm with our goals...
Lets come up with some ideas....
Lets not ask what to do...lets think and come up with an idea...and then we shall decide if it works or not...
When some one first suggested flower campaign everyone took it as a joke...it was not implemented before some one sent the flowers and showed the receipt number...
I was following core for a long time...this the biggest response i have ever seen from the members...
Lets continue it...
My idea ...lets not just accept the temporary fix...we should fight the congress until they come up with a plan of fixing the GC issue.
The congress talks about fixing illegal immigration..Lets ask them to fix the legal immigration first.
Unless we are really strong about it...nothing can be accomplished..
They cant fix the existing legal system but they are ready with the plans of fixing illegal immigration...of course it failed but still they had big impact...
Of course, now we risk alienating the "undocumented worker" community, but is that such a big deal given we're legal and struggling and hoping that America does the right thing to get us out of this gray area... ?
On a different note, I can't wait to see what an EAD and AP looks like. When does the clock start ticking? Is it 90 days or 180 days? :)
I so want a vacation! :)
jazz
Lets ask Core not to just go with the temporary fix of July visa bulliten.
We might apply for EAD and AP but what if they throw our papers some where and repeat the same thing.
This time they will be very careful in issuing visa bulliten
In future very slow progression in visa dates...adjudicating cases very slowly always stating that due to july visa bulliten we have lots of cases ...we will not be able to do anything until we sort ou...blah blah...
This is not the fix
We should be firm with our goals...
Lets come up with some ideas....
Lets not ask what to do...lets think and come up with an idea...and then we shall decide if it works or not...
When some one first suggested flower campaign everyone took it as a joke...it was not implemented before some one sent the flowers and showed the receipt number...
I was following core for a long time...this the biggest response i have ever seen from the members...
Lets continue it...
My idea ...lets not just accept the temporary fix...we should fight the congress until they come up with a plan of fixing the GC issue.
The congress talks about fixing illegal immigration..Lets ask them to fix the legal immigration first.
Unless we are really strong about it...nothing can be accomplished..
They cant fix the existing legal system but they are ready with the plans of fixing illegal immigration...of course it failed but still they had big impact...
hot water color painting by
jsb
11-13 09:03 AM
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.
EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.
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house Watercolor Paintings of
GCVivek
04-19 06:44 PM
It is simple: you could have a PhD and be on H1B but still not qualify for EB2 classification if the job you are in does not require enough education and/or experience to fall under EB2 classification.
You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
You do require enough experience.
When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.
There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
USCIS is now very strict. :( -but for the betterment of the whole system.
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
You do NOT require Master's degree for EB2 classification or for H1B. The law does require "related field" but does not clearly specify computer science or anything.
You do require enough experience.
When applying for GC or during the stages, Educational Equivalency to US accredited Universities will have to be shown. This is the stage you might have an issue with showing that it is equivalent.
There have been thousands of instances where applicants have been disqualified from applying for GC and even their H1B revoked when initial degree was found to not be related to the occupation - examples: B.Com, B.Sc (Bio, Geology..except Physics/Math), B.Arch.
USCIS is now very strict. :( -but for the betterment of the whole system.
Hey,
I have Bachelor's computer's 3 years and MCA 2 years from IGNOU. I have over 7 years of Exp excluding frm my current company. Is EB2 possible in my case. My employer says its not cause of my education, can anybody let me know if they have done EB2 with this scenario. Appreciate your time. Thanks
tattoo Watercolour painting China -
snram4
01-20 10:42 PM
There will be always fear that good people also will be impacted. If the person and company are geneuine then they can provide enough documentation to escape from regulation. If the person is good and company is bad then he can change the company.
I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this
You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.
I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this
You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.
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pictures Colorful Flowers, Watercolor
satishku_2000
01-29 05:40 PM
Hopefully this does not get postponed and happens sooner rather than later. This should make the priority dates move faster than now.
dresses flowers, watercolor, painting
satyab7
04-07 09:57 PM
Receipt ID: 5035-6741-7006-3802
Business Name: Immigration Voice
Business Name: Immigration Voice
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makeup first flowers: watercolor
wandmaker
06-09 03:33 PM
^
girlfriend How To Paint Flowers With
chanduv23
06-08 09:17 AM
My dad came to US in 1971 and got a green card at the airport under "Employment based 3rd preference category(For engineers, Doctors and Chartered Accountantss)" though he went back after a few years. Thats how they used to give Green Cards in those days. Lot of engineers, doctors and chartered accountantss migrated in the beginning of 70s. After few years they stopped that and there was a lot of opposition to Indian professionals (professional rivalry), later stage people found it difficult to survive the rivalry, a lot of doctors went through hell when they found themselves getting fired from residencies and denied jobs. Things are a lot better now as these things are very less heard of these days.
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Rajeev
01-31 04:47 PM
Bump
Tito_ortiz
01-15 07:20 PM
Bush tried really hard. I believe there is no complaint about Bush when it comes to immigration. He earned that credit.
I have just seen this in CNN, is Bush talking about legal immigration?
http://www.cnn.com/2009/POLITICS/01/15/bush.legacy/index.html
I have just seen this in CNN, is Bush talking about legal immigration?
http://www.cnn.com/2009/POLITICS/01/15/bush.legacy/index.html
small2006
08-14 11:05 AM
It took me around 4 years. EB2 India, started as a scientist later physician and endless headaches ...... but its over now. Got my card yesterday. Its an amazing stress relief and confidence booster.
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
My PD is also Dec 2005 (EB2) and RD for 485 is Sep 2007. When did you finish your FP? I am just trying to understand the similarities b/w our cases although it may be a pointless exercise.
Thanks.
I could have tried EB1 too but wasnt sure how it would turn out hence stuck to EB2.
PD Dec 2005, EB2, RD for 485 Sept 2007. Welcome notice August 5 2008.
For some odd reason I got a red on this forum. I dont know who did that and why. But I dont care.....
For those who are waiting: Keep pushing and thinking of new ways of making this work. if you are EB3 try to become EB2 and even EB1. In the end all that matters is getting the card.
As regards this forum. I never contributed but found this to a good source of information.
bye bye:)
My PD is also Dec 2005 (EB2) and RD for 485 is Sep 2007. When did you finish your FP? I am just trying to understand the similarities b/w our cases although it may be a pointless exercise.
Thanks.
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