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  • 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!

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  • pa_arora
    10-01 03:20 PM
    One of my friends(who was in my company earlier) got his old H1 case reopened. He is not that worried as he already has left the employer and joined someone else.
    This is little strange as USCIS is digging the dead.

    I am keeping a close eye on my case which got approved in 03/2005 and has LUD of 08/2006. Seems like they opened the case earlier but I didnt notice it.


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  • eb3_nepa
    06-07 12:58 PM
    I am married too, but i only said that there are other easier paths aswell.

    Regarding working late, i am a fulltime employee with H1-B and never came to office before 10:00AM and stayed after 6:00PM and never ever worked weekends. Mine can be an exceptional case, but what iam saying is, your relationship with your manager is important. This can make a lot of difference in your lives.
    As long as you deliver what is expected of you, you can even work 4 days a week and get paid for 40 hrs per week.

    I don't know, if we are deviating from our main discussion agenda started by LogicLife.

    I think we are deviating. But allow me to say this. The point that logiclife made VERY largely correct. The other point that you made just now is true as well. Your relationship with ur manager sort of defines how well you wud do. But then that makes ur h1b/Gc process "manager specific" ;). Plus you and I are lucky that we dont work long hours like some others, but the average H1B worker does. Like Logiclife said, it may not be coz the employer forces you to, but you do it anyway to make yourself more useful and avoid layoff issues. I am sure most of us at this stage are more worried about losing our jobs coz of H1/GC problems than actually finding jobs or having no savings.

    Someone pointed up above that some say having a GC is better and some say having a Job is better. Here is what i think. If you have a GC atleast u can find another job even it takes 2-3 months. If ur on H1b you CANNOT. About the savings, well that is an individual thing. Some save more and enjoy a little less, some enjoy life more and save less.

    About whether immigration is a right or a privilege. Right now i think it is more LUCK than either one.

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  • pushkarw
    12-21 12:09 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!


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  • catchupvijay
    07-16 10:09 AM
    Petition signed.

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  • vsrinir
    09-17 10:43 AM

    They need to eat


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  • Bpositive
    02-06 10:20 AM
    i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"

    what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..

    so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??

    Usually, that's it. The consulate should now issue the passport. Email/call the consulate or call VFS if you haven't already done so.

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  • caliguy
    09-15 11:36 PM
    Senators inquiry was initiated in first week of September. I guess that is TSC's way of saying F$%$ off....

    I am thinking.....I think they have black listed my application for hassling them too much :)
    How can I get in their good books now? :)


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  • vxg
    09-15 04:16 PM
    the local service center lady said - Assigned to an officer on 9/11 - now HOW MUCH OF A WAIT AFTER ASSIGNED TO AN OFFICER? recent approvals folks - can you shed some light?

    you should get it soon. Call the service center where your case is to check further as online status is not a good indicator. In my case per TSC i was approved on 9/4 but my online status did not change until 9/11.

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  • Legal_In_A_Limbo
    04-27 01:06 PM

    My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site


    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

    I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

    Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.


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  • azharuddinm
    07-20 12:56 PM
    I had mine signed by J.Barrret


    Can you confirm 2 things for me please.
    1. The date you application was received at NSC.(Mine was recived on 2nd jul @ 10 51 am)
    2. I did not use the p.o box as fedex did not accept the po boxes. But later i found out that its better to insert the po box also. I was curious if my reached the proper address at all or not.


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  • ras
    07-03 03:25 AM
    Yes. That member and probably other such members are now on other site posting anti-IV posts.....

    It is shameful to have such members among us.

    Anyways, good thread. This site should help people fix the broken system rather than abuse each other or track all day. I hope due to the discussion, people can get some ideas and take action against such employers. IV will be willing to help as needed.

    Wish discussions on this thread leads to some concrete suggestions/steps that one take to counter an abusive employer. and ofcourse IV should take steps to make these employers visible to the whole community so that others will not fall pray to them. Exposing abusive employers to the whole community is the most important thing that could thwart efforts of exploitation by such employers. This sounds some times more effective than than even going legal or to DOL.


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  • reachag
    04-19 03:05 PM
    Contributed 100$...more in a few days...

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  • Powersa
    07-17 09:33 PM
    Thanks all. I read the petition and I think it is great work. Yes, we need to send messages like this as a group.

    Allow me to quote from the petition:
    "It is required by law to pay an H1-B a minimum of $40000. "

    I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?

    Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.

    Thanks again.


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  • GCard_Dream
    01-31 11:21 AM
    If you are not using a sub labor and filing 140 in a week or so, there is nothing for you to worry about.

    Thanks for the reply.

    I am not using substitution labor. I do not condone any one who does it for monetary reasons.

    So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?

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  • humdesi
    01-31 02:58 AM
    Labor subst is not the real problem; atleast it looks like a small problem now compared to the other one - people jumping from EB3 to EB2 with PD intact. I don't know if this is possible. But if possible, expect HUGE retrogression for EB2 india. I suspect it'll go back to sometime in 2001 - and stay there forever. Indians with PD 2003 or later, even EB2, can kiss their greencard dreams goodbye.


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  • chanduv23
    11-14 10:19 AM
    Ha haaa - so Lou meet and greet events ehh. He chose the location because of the auto industry slowness - he can get more followers there.

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  • bluekayal
    10-08 01:21 PM
    You can use your H1 without needing an EAD IF you continue working for the same employer. Please google "Cronin memo." I am doing it.

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  • mrdelhiite
    07-26 07:36 AM
    my 2 cents!!

    if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.

    EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...

    Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.

    u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....

    hope this helps.

    09-15 10:31 PM
    Recd the CPO E mail today @ 7 PM EDT - 9/15 from TSC

    EB2- June 04

    Attorney Sent a Letter to AILA liason on 8/20
    Called TSC on 8/27/ - Opened a SR
    Called TSC again on 9/3 - CSR told me that they sent a reply for the SR opened on 8/27
    Recd the SR - reply on 9/4/09 stating that " your Application processing is pending/delayed"
    Called Senator office on 9/9/09 and sent fax
    Called Senator office on 9/14/09 - Liason officer told me that it will take 30 to 60 days to get the response.
    Called other Senator office on 9/14/09 , Sent the fax
    Called again to II Senator office on 9/15/09, I was told to call back after 15 days to get the respose
    Called TSC again on 9/15/09 around 4.45 PM EDT, Talked CSR , So nice , she eve discussed about the weather , summer time events etc, I told her about the letter I have recd for my SR ( 8/29), she asked if it mentioned any time frame, And i told her "No", then she said it is very unusaul and tranferred my call to the officer,

    1st he told me the current processing time is 9/07/07 and my ND is 9/28/07 so my application has a 21 days lag, Then I told him that my application has mailed on 8/7/09, I also mentioned about the letter i received for SR, then he started asking questions about the receipt # and case details

    The the officer verified following details

    My first name,
    Last name,
    Address, Zip code, Door #,
    fathers first name
    mothers first name,
    4 Digit SSN

    and then told me that your case is under review with an officer from 8/29/08( Then I realized both of us had a Soft LUD on our application on 8/29/08) , I told him about that, the he said yes it is , it is related to the interal process. Then I asked him that What can i do now, He said, Keep your faith and finger crossed asked to me keep on calling USCIS TSC office every week to check about my case.

    I really don't know whether he is playing with me or what.

    what ever it is I got the CPO e mail @ 7 PM EDT

    10 Yr wait is over.

    Thank you all, I am not going away, Tristate leadership knows me very well, and I will be involved all the effort of the IV

    01-30 11:45 PM
    just voted..hope this makes it into the debate

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