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  • desi3933
    08-10 10:43 AM
    My question involves employment and labor law for the state of: CA

    I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:


    SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.

    Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?

    Thanks much!

    What is your salary on H1 LCA? Is it 55,000 year?

    If you're paid > LCA Salary, then probably nothing much can be done.





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  • Macaca
    08-12 06:08 PM
    In fall 2003, an applicant filed a green card application, which remained pending due to FBI name checks until spring 2007. During the course of the adjudication, the applicant was fingerprinted and applied for interim benefits several times.

    Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
    A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)





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  • de2002
    04-07 05:28 PM
    Now people start predicting the date of visa bulletin coming instead of visa bulletin dates.





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  • indianindian2006
    03-16 01:34 AM
    Welcome back UN. One question. Does the USCIS have ability to check credit histroy.




    Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.

    Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.

    There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.

    I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.

    In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.

    Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.

    I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).

    Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.

    Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.

    This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.

    Department of Homeland Security has access to a lot of information that they didn't have before.



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  • chiraj
    07-14 06:21 PM
    Prudential
    Metlifef
    NewYork Life
    AXA

    Originally Posted by 21stIcon
    H1B-GC
    Premium depends on your age,duration of policy(10/20/30) and place of living if you you do not have any health problems. unless you disclose your age , no one can help you on your rate comparison.
    hoping you don't mind sharing your secret!()




    Thank You

    I want to take Term and Whole Insurance. But Does Place of living matters? because i move state to state where ever my job takes me.





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  • anilsal
    11-02 09:16 AM
    Less than a month ago, I got mine renewed in IL(it expires in a year). Why take a chance with all the new policies?

    I got mine renewed. The lady at the counter asked the following questions:
    a) Are you a registered voter?
    b) Are you a US citizen?

    Done.

    Got it till 2011.



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  • h1techSlave
    01-15 12:20 PM
    In India, the govt. collaborates with the criminals to kill the citizens.
    my friend, pretty much every place in US in unsafe.

    from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "

    Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.





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  • SGP
    12-30 09:22 PM
    I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !

    There is always a silver lining in the black clouds. Do not despair. Believe in GOD AND YOURSELF. Rest all will fall in place. Can you explain what's going on?

    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.



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  • coopheal
    05-13 03:50 PM
    I have filled the form. I am available on 6 and 7th.





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  • ujjvalkoul
    05-12 01:05 PM
    Just an idea, otherwise I am afraid we will be in this boat forever, being exploited and instability galore



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  • texanguy
    08-10 11:03 PM
    This cant be true...how come you know the dates when it is not even published on the visa bulletin... Lets wait and watch...





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  • docwa
    08-05 11:20 AM
    If your application is an SRC then:
    call (800) 375 � 5283 then 1-2-1-recpt number-1-1-wait for recorded status-3-4 speak with customer service.



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  • eb3_nepa
    05-11 03:07 PM
    Guys,

    I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:

    1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
    2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota





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  • chanduv23
    05-12 11:11 AM
    I ran across this article in one of the websites and read through all the links. I think, there is a strong message in this case, something I have personally faced in the past and do still face at at a smaller level. Though it is not an attempt to help raise money for her. Do please go through those news articles.
    Moderators can delete this thread if it is not relevant.


    [B]Neelima is a native of AndhraPradesh, and most of you know about her racial discrimination and harassment law suit and her fight against injustice (below are the links for details) in US. On March 26 her case is going to trial in Dallas Federal Court.The legal battle has changed their life completely – financially and emotionally. The harassments, threats, slurs and retaliation that she faced at Caremark left her with no option but to file a discrimination lawsuit against the company. Because of the extreme harassment, she was diagnosed with post traumatic stress disorder resulting in her husband quitting his job to take care of her and their two small kids. Their American dream was shattered, they exhausted their savings, sold their house and car just to bear expenses and survive. With no health insurance her medical bills piled up as a result of the hospitalizations, expensive medications and treatments. Despite all these setbacks, she intends to keep the battle alive and keep fighting for a just cause.

    Her fight is not against America or Americans, it’s against injustice. She is fighting for the dignity and the rights of every one of us.

    http://www.atimes.com/atimes/South_Asia/GL14Df02.html http://www.rediff.com/money/2005/dec/15guest.htm http://www.ciol.com/content/news/2005/105120504.asp



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  • meridiani.planum
    01-15 12:57 PM
    my friend, pretty much every place in US in unsafe.

    from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "

    Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.

    yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.

    I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!

    So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)





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  • gk_2000
    04-19 03:15 PM
    The header says it all: "For Immediate Release"

    Cover your noses



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  • shirish
    08-15 10:52 AM
    I think the 6 months period should be counted fron the RD on the RN for you I-485, else AC21 and this " propoganda" contadict each other.

    If you get your GC with in 6months from the RD then stay untill you finish 6 months (this is very unlikely to happen as it takes lot more than 6 months)

    If you get the GC after 6 months i think you are fine.


    [QUOTE=oldschool;147268]Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.

    You can leave even before your GC comes through by invoking AC21.

    Frankly, I think the 6 month period is propaganda.

    its my opinion and not legal opinion.





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  • H1bslave
    11-08 10:55 AM
    I work for Fortune 100 company and we are celebrating Diwali on Friday. There are flyers on all the corners and are expecting more than 500 co-workers for pot-luck lunch. And the best part, organizer and main activists are non-Indian. So its just another festival in the mix that everybody is looking to enjoy. This is our first gathering followed by 4-5 more before end of the year.





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  • logiclife
    11-08 02:07 AM
    A quick analysis of election results and its relevance to us:

    As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too.

    What it means for us:

    Change of control in the House:
    This is of biggest consequence. Since Democrats won the House, every chairman of every committee in the house will be a Democrat. They will decide what goes into each committee, what comes out of the committee, what gets floored on the house floor and when. They set the agenda, they set the timetable. They run everything...including what gets served in the House Cafeteria and who occupies which office and who gets how much budget to run their offices. Republicans in the last few years have followed the mantra of “Majority of the majority” when it came to setting the agenda and timetable of house floor votes. What this did was, bills that would win the majority of 435 votes by combining Democrats plus moderate Republicans never got floored onto the house, since the majority of majority (conservative republicans) were against such CIR and by that token non-receptive to the legal variety of immigration.

    To get an idea of the minority in the house read this quote from more than a 100 years ago:

    ”The job of the minority is to make a quorum and to draw its pay.”
    -- Speaker Thomas B. Reed, 1890.

    Throughout 2006, the biggest obstacle to high-skills-only bill to be floor on the full house or on the judiciary committee was the Republican controlled judiciary committee headed by Jim Sensenbrenner. He has won his own race(Wisconsin’s 5th) – no surprise there – he would not be heading the house Judiciary committee. Even if Republicans would have controlled the house, it would not have been Sensenbrenner, it was his last term as chair of judiciary committee. With Democrats winning, the difference is that it would not be Lamar Smith heading the house judiciary committee; it would be the Democrat John Conyers of Michigan. Whenever there was a non-CIR bill related to high-skills employment based immigration, like the one sponsored by John Shadegg (SKIL bill of the house) it was referred to House Judiciary committee. And Sensenbrenner basically put it on the shelf. That would change. How much? Only time will tell.

    Individual Races:
    Firstly, J.D. Hayworth of Arizona is on his way to losing his house seat. That’s house congressman called by Arizona Republic Newspaper as a “bully”, a strong anti-immigrant, who is gone from the House.

    Secondly, Jim Kolbe (pro-immigrant) retired from Arizona and a Democrat(Giffords) now occupies that seat. A strong anti-immigration candidate (Graf) lost election for that seat. That’s another good news.

    Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.

    CIR and Democratic majority:
    Democrats may still be weary of CIR because of its Amnesty component, but if they win with a landslide they may go for it. If they have a slim majority in the house, CIR could still be in jeopardy. But once CIR is dead, a legal skilled immigration bill may have a better chance as the House Judiciary committee wont be killing it every time it sees it and the Senate has already passed high-skills relief in one form or other more than once since December 2005 – S 1932 provisions, Managers amendments to CIR and Cornyn’s SKIL amendment to CIR.





    qplearn
    10-10 03:47 PM
    it might seem like eb2 has moved.. and it has from last month...but this is where we were at in april 2006 (may2006 bulletin -1st jan 2003) before the dates stagnated for a cupl of months, became unavailable and finally moved backwards in october.

    so basically no movement for 7 months.

    This is true but I was fearing worse. It could have remained at Jun 01.





    srt57
    02-09 01:36 PM
    Hi,

    I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.

    But all of them had Master of science from USA.

    And all of us have our I140 cleared and waiting to apply for I485 when its gets current.

    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.



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