misanthrope
10-03 11:28 AM
^^
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
wallpaper POEMS FOR MOM ON HER BIRTHDAY
sobers
02-20 02:14 PM
Sensenbrenner Statement after President Bush's Speech on the State of the Union
WASHINGTON, D.C. -- In response to President Bush's speech on the State of the Union, Menomonee Falls Representative Jim Sensenbrenner issued the following statement:
“President Bush’s speech tonight was a strong and visionary statement that accurately reflected the state of our union. Since his last such address, our nation has gone through waves of lows and highs. From the horrors of Hurricanes Katrina and Wilma, to the December elections in Iraq where the Iraqis chose their first representational government under their new constitution, Americans have experienced both great pain and great elation.
But as the President said, ‘Our work in Iraq is difficult because our enemy is brutal.’ This brutality is continually demonstrated by the actions of terrorists who prey upon innocent men and women to preach their message of hatred. As our nation makes progress in the War on Terror, I hope to see our sons and daughters return home from their tour of duty -- American soldiers will stand down as Iraqi soldiers stand up.
On the subject of immigration, I was pleased to hear the President discuss the need for orderly and secure borders, and a plan that calls for stronger immigration enforcement that, among other things, rejects amnesty for illegal aliens. There is much work that remains to be done as we try to build consensus. The Border Security bill I introduced and the House passed last year is just the first step towards a comprehensive immigration plan. Currently, our immigration laws rival our nation’s convoluted tax code.
This highlights our need to hold the line on spending in Congress. In order to maintain America’s competitive edge, a recurring theme through the President’s speech, we must spend our taxpayer dollars wisely. I agree with the President that the federal budget includes too many special projects, better known as “pork.” To that end, I support providing the President with a line item veto.
Tonight Congress has been challenged to act on many issues. I accept the challenge laid down by President Bush to deliver common sense legislation that will continue to improve our security and quality of life.”
Contact: Raj Bharwani, (202) 225-5101
Sensenbrenner Press Office
http://www.house.gov/sensenbrenner/pr20060131.html
----------
Much work remains to be done...as we try build consensus. This (Sensenbrenner Bill) is just the first step...toward Comprehensive immigration.
My reading is that sensenbrenner seems to be open to consensus...and amenable to comprehensive reform (which in other words is tougher border security and interior enforcement + guest worker program similar to Coryn-Kyls'). Despite public rhetoric, if there is enough time we may see such legislation come to pass in the 109th Congress. We need to see how we can bring about meaningful EB visa relief in such a scenario.
WASHINGTON, D.C. -- In response to President Bush's speech on the State of the Union, Menomonee Falls Representative Jim Sensenbrenner issued the following statement:
“President Bush’s speech tonight was a strong and visionary statement that accurately reflected the state of our union. Since his last such address, our nation has gone through waves of lows and highs. From the horrors of Hurricanes Katrina and Wilma, to the December elections in Iraq where the Iraqis chose their first representational government under their new constitution, Americans have experienced both great pain and great elation.
But as the President said, ‘Our work in Iraq is difficult because our enemy is brutal.’ This brutality is continually demonstrated by the actions of terrorists who prey upon innocent men and women to preach their message of hatred. As our nation makes progress in the War on Terror, I hope to see our sons and daughters return home from their tour of duty -- American soldiers will stand down as Iraqi soldiers stand up.
On the subject of immigration, I was pleased to hear the President discuss the need for orderly and secure borders, and a plan that calls for stronger immigration enforcement that, among other things, rejects amnesty for illegal aliens. There is much work that remains to be done as we try to build consensus. The Border Security bill I introduced and the House passed last year is just the first step towards a comprehensive immigration plan. Currently, our immigration laws rival our nation’s convoluted tax code.
This highlights our need to hold the line on spending in Congress. In order to maintain America’s competitive edge, a recurring theme through the President’s speech, we must spend our taxpayer dollars wisely. I agree with the President that the federal budget includes too many special projects, better known as “pork.” To that end, I support providing the President with a line item veto.
Tonight Congress has been challenged to act on many issues. I accept the challenge laid down by President Bush to deliver common sense legislation that will continue to improve our security and quality of life.”
Contact: Raj Bharwani, (202) 225-5101
Sensenbrenner Press Office
http://www.house.gov/sensenbrenner/pr20060131.html
----------
Much work remains to be done...as we try build consensus. This (Sensenbrenner Bill) is just the first step...toward Comprehensive immigration.
My reading is that sensenbrenner seems to be open to consensus...and amenable to comprehensive reform (which in other words is tougher border security and interior enforcement + guest worker program similar to Coryn-Kyls'). Despite public rhetoric, if there is enough time we may see such legislation come to pass in the 109th Congress. We need to see how we can bring about meaningful EB visa relief in such a scenario.
EB3_SEP04
07-01 09:45 PM
I can think of following reasons in the order of relevence :
- We've got highest level of tolerence in the world as individuals and as society (probably that's why british could rule for 150 years :) ) and please don't shoot me, i'm not saying it's bad. just a fact.
- Feeling of insecurity because of being in a foreigner country or because of not being a part of majority.
- lack of knowledge of our rights/duties which sometimes causes guilty feeling when you think "I'm objecting to something that i agreed to whole heartedly, yesterday".
- going to court/authorities is considered bad in many culstures (as a famous Marathi saying goes "a wise man should not climb court's door-stpes ")
- "I don't have time", "I don't wan't the hassle" or "Jaane do" attitude.
- Is there anyone who still thinks along the lines of "maine aapka namak khaaya hai.." ? i don't think so.
- We've got highest level of tolerence in the world as individuals and as society (probably that's why british could rule for 150 years :) ) and please don't shoot me, i'm not saying it's bad. just a fact.
- Feeling of insecurity because of being in a foreigner country or because of not being a part of majority.
- lack of knowledge of our rights/duties which sometimes causes guilty feeling when you think "I'm objecting to something that i agreed to whole heartedly, yesterday".
- going to court/authorities is considered bad in many culstures (as a famous Marathi saying goes "a wise man should not climb court's door-stpes ")
- "I don't have time", "I don't wan't the hassle" or "Jaane do" attitude.
- Is there anyone who still thinks along the lines of "maine aapka namak khaaya hai.." ? i don't think so.
2011 poems for mom birthday. happy
Jerry2121
07-06 02:23 PM
When GCSOON-Ihope becomes GC-IgotIt!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
HI
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks Guys!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
HI
Here is a run down on my case:
First I-485 applied in 6/2002,
Fingerprint done, EAD obtained in 2/03
Application withdrawn by spouse due to conviction
Second I-485 applied by my 2nd DW in 7/05
Interview granted in 5/06
Case still pending due name check
GC? till date
Anyone with a similar case and any advice on this case? I've spent about 30K USD on this case on Lawyers and still have NOT got any decision from the USCIS. Now , I'm considering filing a WOM. Whats your take on this? Thanks Guys!
more...
dotnetguru
07-02 04:35 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
akred
05-24 02:04 PM
if a background check reveals that you had been on H-1 you won't be eligible for Z visa. You have to come up with a new face, new name, and new ID. Looks daunting but less daunting than getting GC legally.
Hey hey, I don't have to apply with my current legal name do I? ;)
Hey hey, I don't have to apply with my current legal name do I? ;)
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belmontboy
09-15 09:20 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
u going to talk in girl's tone? :D
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
u going to talk in girl's tone? :D
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akhilmahajan
01-31 12:08 PM
i have emailed it to the new england local chapter, so hopefully can get some more votes.
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chanduv23
03-20 02:43 PM
Thanks, you are right. It's like the water bucket analogy. Put your hand inside the bucket, and then take it out, and you won't see much difference in the water level. That's how expendable we are to our employers.
A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.
Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.
So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................
The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes
A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.
Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.
So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................
The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes
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desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
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eager_immi
02-13 02:30 PM
Logiclife. I know why you are responding to these comments you all are frustrated with such comments. I know it is hard to not respond but please ignore these asinine comments. Please have some of these comments linked to the main page. But believe me "barking dogs seldom bite." Such people will ultimately sap your energy. But, just like how IV is asking people to contribute please also ask them to use their own judgment, they do this at their own risk. There are many people like us who have faith in your group although we know you cannot do miracles. Please have faith and I sincerely request to all members & moderator that once we see these comments let us move this to the some thread called �IV bashing thread� and let the rest of us completely ignore them.
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vin13
09-17 10:58 AM
its 5 min to 11 and they still have not started?...oh I am getting impatient :(
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Humhongekamyab
07-03 12:59 PM
That is right. There are people knowingly get into dirty deals with employers like
(1) Faking experience
(2) Working out per diems in percentages
(3) Changing job titles to suit their needs
(4) Most important - employee tries to do what he/she can to keep employer happy as the green card petition is filed - I have seen this - people I know do this - they lick the boots of their employer - get coworkers fired so that their jobs are secure - get personal in alomost everything with employer so that they feel secure and job satisfied - These are the people who come out anonymously and talk bad bad things about their employer because they know they are into a screwed up relationship - no pay hikes, employer cheating on perdiems - employer knows employee is ass kissing and talks sweet but exploits - employee knows that things are not going to be the same for a prollonged period - puts a false mask and blames organizations like IV for not doing anything - these are the folks who encourage employers to do what they want to do.
And the day these employees get their green cards, they will open they companies and will do the same thing to the new immigrants; and the circus will go on.
(1) Faking experience
(2) Working out per diems in percentages
(3) Changing job titles to suit their needs
(4) Most important - employee tries to do what he/she can to keep employer happy as the green card petition is filed - I have seen this - people I know do this - they lick the boots of their employer - get coworkers fired so that their jobs are secure - get personal in alomost everything with employer so that they feel secure and job satisfied - These are the people who come out anonymously and talk bad bad things about their employer because they know they are into a screwed up relationship - no pay hikes, employer cheating on perdiems - employer knows employee is ass kissing and talks sweet but exploits - employee knows that things are not going to be the same for a prollonged period - puts a false mask and blames organizations like IV for not doing anything - these are the folks who encourage employers to do what they want to do.
And the day these employees get their green cards, they will open they companies and will do the same thing to the new immigrants; and the circus will go on.
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B3NKobe
06-08 08:18 PM
@ben, sorry for the spam....and this spam :crying:
Its all cool mate :D
@Maniaci: Well its a battle, I want as many people submitting as possible so we can have a good vote.
Its all cool mate :D
@Maniaci: Well its a battle, I want as many people submitting as possible so we can have a good vote.
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pdakwala
04-07 11:53 AM
People don't wait. We do not have much time left. We only have two weeks left. IV core team needs your contribution so that they can keep working towards reaching our goals.
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vga_1977
04-15 05:23 PM
Hi hur11
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
Please let me know which category you have applied EB2/ EB3. Below is my qualification
Degree : B.Com ( 3 years)
PG : M.C.A (IGNOU - 3 Years)
Experience - 8 Years in India and 3 years in USA with different employer.
Thanks in Advance
-vga
more...
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eb3India
03-08 06:45 PM
So I am assuming we have a way to track who they are. Why don't we tag them - on the colored button on the top right, saying something like "xxx doesnot want to contribute but has posted 239 messages" and let people decide whether to read or ignore his message.
I like the idea but we should tag members who are contributing
I like the idea but we should tag members who are contributing
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Smuragalla
07-20 07:13 PM
Hey SmartBoy,
Could you please update the status of your h1b reopen case, I am in the same stage, but I am staying with current employer no new h1b transfer.
would really appreciate if you can update me, the Final status.
Thank You.
Could you please update the status of your h1b reopen case, I am in the same stage, but I am staying with current employer no new h1b transfer.
would really appreciate if you can update me, the Final status.
Thank You.
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Hope_GC
07-15 07:08 PM
pmb76,
I agree with you we are at least not turning blind eye on this kinda false propagandas.
Fight for truth is a difficult thing but when fought with full enthu you will see the results(what ever they might be something positive).
I don't know what this petition is going to do. Atleast it will convey to CNN top brass that there are people out there who won't tolerate such lies. Maybe it won't do anything now but we must continue our efforts and oppose such false propagation of information whenever we can.
I agree with you we are at least not turning blind eye on this kinda false propagandas.
Fight for truth is a difficult thing but when fought with full enthu you will see the results(what ever they might be something positive).
I don't know what this petition is going to do. Atleast it will convey to CNN top brass that there are people out there who won't tolerate such lies. Maybe it won't do anything now but we must continue our efforts and oppose such false propagation of information whenever we can.
dr_vroeg
06-07 12:23 PM
it's a "skin" if you were to wrap the thing celophane with your design you wouldn't see the wheel or the screen... I say play with the screen, the button but not the wheel. besides, you would rub it off in one day and then it would reaaly look like arse.
karthiknv143
02-07 06:11 PM
:confused: 02/07/2007: Details of DOL Backlog Cases Processing Statistics
(http://www.immigration-law.com)
Yesterday, we reported that the Backlog Elimination Centers had completed 67% of cases as of 01/27/2007. According to the "unconfirmed sources", the details appear to be as follows:
Total Number of Cases: over 300,000
Processing status by the Two Backlog Elimination Centers:
Total 100% Dallas (152,000+) Phily (169,000+)
Pending 33% 33% 36%
Completed 67% (1) Certified 33% 33%
" (2) Closed 21% 20%
" (3) Withdrawn 11% 08%
" (4) Denied 01% 02%
The good news is that there were very small number of denials. Bad news is a large number cases did not make it through becuase they were either withdrawn or closed. There are a very small fraction of cases which are not reflected in the table.
(http://www.immigration-law.com)
Yesterday, we reported that the Backlog Elimination Centers had completed 67% of cases as of 01/27/2007. According to the "unconfirmed sources", the details appear to be as follows:
Total Number of Cases: over 300,000
Processing status by the Two Backlog Elimination Centers:
Total 100% Dallas (152,000+) Phily (169,000+)
Pending 33% 33% 36%
Completed 67% (1) Certified 33% 33%
" (2) Closed 21% 20%
" (3) Withdrawn 11% 08%
" (4) Denied 01% 02%
The good news is that there were very small number of denials. Bad news is a large number cases did not make it through becuase they were either withdrawn or closed. There are a very small fraction of cases which are not reflected in the table.
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