gcwait2007
06-06 04:54 PM
Hi
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
mk58581:
First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.
Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.
I wish you Good Luck.
PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece
I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.
But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.
They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.
Do i stand any chance if i contact DOL or a lawyer not payin' them.
Any suggestions or help would be greatly appreciated.
mk58581:
First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.
Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.
I wish you Good Luck.
PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece
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lazycis
02-18 04:27 PM
"The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."
In this case baby would qualify for follow-to-join visa.
I do agree with wandmaker that having child in the US is much much more preferable.
In this case baby would qualify for follow-to-join visa.
I do agree with wandmaker that having child in the US is much much more preferable.
reddog
04-20 09:50 AM
Dude!
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
You must be badly in lover with her!... I have never heard about a typical Indian dude worrying about to-be-bride's financial distress. Good for both of you love birds! ;)
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
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cram
09-22 01:08 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
more...
gemini23
07-17 02:23 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
LostInGCProcess
09-19 05:01 PM
Quick Q:
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Yes. The only way to do a COS from AOS to H is, re-enter with appropriate status.
By the way what are you trying to accomplish? What do you really want to do and why?
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Yes. The only way to do a COS from AOS to H is, re-enter with appropriate status.
By the way what are you trying to accomplish? What do you really want to do and why?
more...
quizzer
02-25 11:39 PM
If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.
SAP and Oracle are any day hot!!!!!!!!!!!
SAP and Oracle are any day hot!!!!!!!!!!!
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hpandey
06-02 03:16 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
more...
sanjay02
10-15 04:38 PM
moneyreallymatters.com
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pmat
01-31 03:06 PM
how can one get copy of i140? does it not belong to the company?
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
more...
delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
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gc_dedo
01-27 03:34 PM
Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
more...
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gc_aspirant_prasad
12-07 08:42 PM
Most Project managers who get their GC in EB1 category are here on L1 A visa.
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chanduv23
03-14 12:58 PM
Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
hopein07 - thanks a ton again
Thats news. We recently had a layover in Dubai when we flew emirates and Dubai seems to be an exciting place.
Any idea about Australia?
more...
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rani77
02-06 07:30 PM
arjun007
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
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nozerd
12-04 07:32 AM
Yeah, Id sure be interested in your line of work
$ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.
If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)
Best of luck
$ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.
If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)
Best of luck
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meridiani.planum
06-02 02:12 PM
I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?
that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)
that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)
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milind70
07-17 04:11 PM
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
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RanchCharm
07-17 07:14 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
shsk
07-16 11:36 PM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
priderock
05-15 11:03 AM
I think this is a very useful poll and I wish most people partake in this. This will give a very good metric on how many people are waiting and good guestimate on future movements !!!
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