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srikondoji
01-14 07:38 AM
It is tricky, but you can complain.
I went through this hell for the last 4 months.
I patiently collected all the evidences in the form of emails, faxes i received from the consulting firm and threatened him to lodge a complaint in a labor department nearest to the company. The consulting company had no choice but to agree my minimal demand and i had my work done without spending a penny but a lot of time and patience.
This is my story.
I contacted a desi consulting company for H1-B for my wife who completed her Masters on her H4-B status.
The consulting company basically illtreated and didnot hire a proper lawyer/personnel to file my H1-B. They took basically all the available 2 months to respond a query and finally got the H1- rejected. In the meantime, i was regularly visiting USCIS and openly telling my story to them and finding the status of my wife's H1-B app. He helped me completely and advised me to collect as much information as possible. But he did mention that i basically have no case against the company until H1-B is approved.
Meanwhile i did stumble upon lot of unknown details like getting H1-B transfered to another company without paystubs, social security number etc. This transfer can happen within a month of getting the newest H1-B and without getting onto the payrolls of the company which applied for H1-B.
Coming back to the topic. The consulting company underestimated our resolve. He basically lied to us almost on all issues and i was slowly extracting information through emails by cleverly trapping him to communicate through emails. I tried my best to communicate only on emails even though he insisted on phone conversations.
He manipulated dates (by changing 09 to 29) on the forms received from USCIS and faxed it to us. Thats it, i got the strongest evidence and threatened him to take him to the the USCIS, labor department, if he did not return our money we initially paid for H1-B.
He returned our money in just few hours of my last phone call and promptly apologised.
Best regards
I went through this hell for the last 4 months.
I patiently collected all the evidences in the form of emails, faxes i received from the consulting firm and threatened him to lodge a complaint in a labor department nearest to the company. The consulting company had no choice but to agree my minimal demand and i had my work done without spending a penny but a lot of time and patience.
This is my story.
I contacted a desi consulting company for H1-B for my wife who completed her Masters on her H4-B status.
The consulting company basically illtreated and didnot hire a proper lawyer/personnel to file my H1-B. They took basically all the available 2 months to respond a query and finally got the H1- rejected. In the meantime, i was regularly visiting USCIS and openly telling my story to them and finding the status of my wife's H1-B app. He helped me completely and advised me to collect as much information as possible. But he did mention that i basically have no case against the company until H1-B is approved.
Meanwhile i did stumble upon lot of unknown details like getting H1-B transfered to another company without paystubs, social security number etc. This transfer can happen within a month of getting the newest H1-B and without getting onto the payrolls of the company which applied for H1-B.
Coming back to the topic. The consulting company underestimated our resolve. He basically lied to us almost on all issues and i was slowly extracting information through emails by cleverly trapping him to communicate through emails. I tried my best to communicate only on emails even though he insisted on phone conversations.
He manipulated dates (by changing 09 to 29) on the forms received from USCIS and faxed it to us. Thats it, i got the strongest evidence and threatened him to take him to the the USCIS, labor department, if he did not return our money we initially paid for H1-B.
He returned our money in just few hours of my last phone call and promptly apologised.
Best regards
wallpaper [Image via Vanity Fair]
troubledinva
03-26 05:49 PM
Thank you all for strong advise and power bosting responses: Here are some fact:
My employer is Desi. If you already did not know of this and to make the matter worst Lawyer is Desi too. So there is absolutely no help from either side.
1) Can I request the Receipt Number from INS instead. Will they give me the receipt number if I go in person and provide all the validation.
2) I am current. I am under EB2 , Other country than India and China ( no not Pak either) and I can file 485. My problem is now doubled as I have been married for 2 years and my wife is home all day doing nothing.
My desperation is only to get EAD and make her work. I have tried all thing possible with my current Employer but of no help. If I leave his company than I have to start from ZERO which is good 8-9 months even if I start the process now. This is all my worries.
Thank you all.
My employer is Desi. If you already did not know of this and to make the matter worst Lawyer is Desi too. So there is absolutely no help from either side.
1) Can I request the Receipt Number from INS instead. Will they give me the receipt number if I go in person and provide all the validation.
2) I am current. I am under EB2 , Other country than India and China ( no not Pak either) and I can file 485. My problem is now doubled as I have been married for 2 years and my wife is home all day doing nothing.
My desperation is only to get EAD and make her work. I have tried all thing possible with my current Employer but of no help. If I leave his company than I have to start from ZERO which is good 8-9 months even if I start the process now. This is all my worries.
Thank you all.
justAnotherFile
07-18 12:00 PM
the USCIS customer service is outsourced to a call center within the US.
You can send this transcript to a complaints email id you can find on USCIS website. one small step toward better service...
You can send this transcript to a complaints email id you can find on USCIS website. one small step toward better service...
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paripassu.usa
10-02 12:44 AM
everybody seems to get AP pretty quickly, I got the EAD in last october pretty quickly at that time. What might have gone wrong I am wondering since Jul 25th I am just wating ,there was a daily LUD change on it till july30 after that nothing .. even thing like AP we have to dream now
more...
saimrathi
07-27 03:07 PM
Thanks for starting the third thread on this...
GKBest
10-11 12:22 PM
However, I don't think IOs are taking it against the July filers. It's their system that is broken. Besides, it's the mailroom and contractors who has been opening up packages and making recommendations to return the files (even if it is complete). That's why when you re-submit the returned file you have to put in bold letters - DO NOT OPEN IN MAILROOM. I guess these contractors have not been trained enough to do the task.
It will take a long time before all the filed cases will be processed. It's just a matter of luck. If your case has been properly filed, I don't think the IO will even consider denying an applicant of a GC just because he filed in July.
HAVE HAPPY THOUGHTS AND YOU'LL GET HAPPY RESULTS. Think negatively and you know what happens next.
It will take a long time before all the filed cases will be processed. It's just a matter of luck. If your case has been properly filed, I don't think the IO will even consider denying an applicant of a GC just because he filed in July.
HAVE HAPPY THOUGHTS AND YOU'LL GET HAPPY RESULTS. Think negatively and you know what happens next.
more...
pappu
10-17 10:13 AM
http://immigrationvoice.org/forum/showthread.php?t=14575
Pls support IV.
Another thread was deleted today with an action item by a member.
Pls support IV.
Another thread was deleted today with an action item by a member.
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chanduy9
02-16 02:01 PM
My jurisdiction is: New York,NY
Greetings:
I was searching for a job in Dec 2008 as my job was getting over on Dec 31st 2008. I have applied for on job and they reviewed my resume and submitted to their client. In that process I have signed the General Agreement, the key points from the agreement are:
Guarantee: The Independent Contractor agrees that he/she would not submit his/her profile to Technofina�s Client, where he/she is being submitted to, directly or indirectly through any other medium for that specific project. It is further agreed that the Independent Contractor will attend a Face to Face Interview if it is scheduled by Technofina�s client(s). Independent Contractor will be available on the start date of the project at the Technofina or Technofina�s clients� site if selected for the project, for which the Independent Contractor is submitted, after the interview and reference verification process.
Effective Date and Termination: This Agreement shall be effective commencing as of the date above and shall apply to all duly executed SOWs. The Agreement will remain in effect unless terminated by either party or by operation of law. Either party can terminate the agreement with a 30 days written notice and any SOW with a 30 days written notice.
Breach of Agreement: If this Agreement is breached, damages would be difficult to accurately ascertain. The Independent Contractor agrees and acknowledges that the amount of $15,000 is a fair and reasonable sum that best approximates the damages that Technofina would incur in the event of the Independent Contractor's breach of this Agreement.
They asked me to sign this, otherwise they would not submit my resume and I told them I will serve as First in First out, as I was looking for other jobs too.
Please see below sequences and discussions I have with the vendor company.
On 9th Dec 2008 I started talking to them regarding this position, and I have applied for it, and signed the contract.
They mentioned the project will start in 2nd week of Feb and I agreed to it. Because my project was getting over on 31st Dec 2008 and I do not have any other option.
They contracted me on 5th Jan 2009 and scheduled for an interview on 9th Jan 2009.They told me I have to pay my own expenses, I said I can not effort that and they convinced me for one way ticket and they told they will pay it back if I selected and I agreed to that.
I have taken interveiw on 9th Jan 2009, after the interview I visited their office and they told me they will be notified by the client in in week.
In the process of job searching I have submitted my resume to different clients and attending the interviews.In that process I got an offer from one client and I accepted that and joined them on 28th Jan 2008. I do not have any job in my hand at that time.
On 4th Feb 2009 they informed I got selected and need to start on 1st March 2009. I refused to take the offer and explained my situation. I talked to the company CEO and explained my situation, and they did not accepted my request and today they sent lawyer notice.
What options I have. Please let me know. If any one faced this kind of litigation or if any one know any good lawyer please let me know.
Admin: if it is in the wrong place please move it to the right place.
Thanks,
Greetings:
I was searching for a job in Dec 2008 as my job was getting over on Dec 31st 2008. I have applied for on job and they reviewed my resume and submitted to their client. In that process I have signed the General Agreement, the key points from the agreement are:
Guarantee: The Independent Contractor agrees that he/she would not submit his/her profile to Technofina�s Client, where he/she is being submitted to, directly or indirectly through any other medium for that specific project. It is further agreed that the Independent Contractor will attend a Face to Face Interview if it is scheduled by Technofina�s client(s). Independent Contractor will be available on the start date of the project at the Technofina or Technofina�s clients� site if selected for the project, for which the Independent Contractor is submitted, after the interview and reference verification process.
Effective Date and Termination: This Agreement shall be effective commencing as of the date above and shall apply to all duly executed SOWs. The Agreement will remain in effect unless terminated by either party or by operation of law. Either party can terminate the agreement with a 30 days written notice and any SOW with a 30 days written notice.
Breach of Agreement: If this Agreement is breached, damages would be difficult to accurately ascertain. The Independent Contractor agrees and acknowledges that the amount of $15,000 is a fair and reasonable sum that best approximates the damages that Technofina would incur in the event of the Independent Contractor's breach of this Agreement.
They asked me to sign this, otherwise they would not submit my resume and I told them I will serve as First in First out, as I was looking for other jobs too.
Please see below sequences and discussions I have with the vendor company.
On 9th Dec 2008 I started talking to them regarding this position, and I have applied for it, and signed the contract.
They mentioned the project will start in 2nd week of Feb and I agreed to it. Because my project was getting over on 31st Dec 2008 and I do not have any other option.
They contracted me on 5th Jan 2009 and scheduled for an interview on 9th Jan 2009.They told me I have to pay my own expenses, I said I can not effort that and they convinced me for one way ticket and they told they will pay it back if I selected and I agreed to that.
I have taken interveiw on 9th Jan 2009, after the interview I visited their office and they told me they will be notified by the client in in week.
In the process of job searching I have submitted my resume to different clients and attending the interviews.In that process I got an offer from one client and I accepted that and joined them on 28th Jan 2008. I do not have any job in my hand at that time.
On 4th Feb 2009 they informed I got selected and need to start on 1st March 2009. I refused to take the offer and explained my situation. I talked to the company CEO and explained my situation, and they did not accepted my request and today they sent lawyer notice.
What options I have. Please let me know. If any one faced this kind of litigation or if any one know any good lawyer please let me know.
Admin: if it is in the wrong place please move it to the right place.
Thanks,
more...
hanu0913
10-08 04:24 PM
You mentioned in just two weeks you had got the appointment. When was the appointment after those two weeks. was it one week later or more. Please respond, because I have to book her air travel too. Thanks a lot.
hey wasup don't worry man , there is way , just check the rescheduling option in the original I-765 and write a cover letter saying the my wife will be available from so and so date, then they will send you another appointment FP letter with that date equal or near future to that what you have mentioned in the cover letter and make sure you have a photo copy of i-765
hey wasup don't worry man , there is way , just check the rescheduling option in the original I-765 and write a cover letter saying the my wife will be available from so and so date, then they will send you another appointment FP letter with that date equal or near future to that what you have mentioned in the cover letter and make sure you have a photo copy of i-765
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StuckInTheMuck
05-05 03:53 PM
I did talk to few of the oldies who have renewed their EAD's 3 -4 times.
How oldies are they? :)
for e-file some said that once they just sent the confirmation notice and 485 recpt . he said that once he didnot send any documents and he still got the EAD (just went for finger prints)
Hmm, I would rather err on the side of caution, by sending more documents than needed (unless explicitly urged by USCIS not to).
How oldies are they? :)
for e-file some said that once they just sent the confirmation notice and 485 recpt . he said that once he didnot send any documents and he still got the EAD (just went for finger prints)
Hmm, I would rather err on the side of caution, by sending more documents than needed (unless explicitly urged by USCIS not to).
more...
pravarupa
07-15 08:40 PM
I am not understanding 4 months in NSC service center. Does that mean they are processing the applications who filed before 4 months of the current date or processing times published date?
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pappu
11-10 05:59 PM
There is another media interview opportunity in Tallahassee. If anyone is interested and has a compelling story, pls let it be known on this thread and we can contact you.
more...
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mgcpa
09-06 09:47 AM
We do have an extension till 2010. Thankyou all so much for the prompt responses.
regds
mg
regds
mg
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boreal
05-18 04:48 PM
LOL ...
New GC quota for those in the retrogressed categories!
New GC quota for the GREEN families
New GC quota for folks with US born babies...
- the list goes on :D
...do you guys want to give a heart-attack to the Dubios Liar or what? ;)
New GC quota for those in the retrogressed categories!
New GC quota for the GREEN families
New GC quota for folks with US born babies...
- the list goes on :D
...do you guys want to give a heart-attack to the Dubios Liar or what? ;)
more...
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jonty_11
07-23 03:15 PM
Only Citizens can file for GC for their parents not GC holders...and it does not matter when you file...One can file when they are in their home country.
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Vexir
05-16 01:25 PM
I should try... It would be good... but I'm not going to... why? Well..
I don't know...
..
..
JUST LEAVE ME ALONE OK!? :beer:
Nice work RedMirror... I'm a star wars fan too, you get my vote unless someone comes along with a tusken.. :)
I don't know...
..
..
JUST LEAVE ME ALONE OK!? :beer:
Nice work RedMirror... I'm a star wars fan too, you get my vote unless someone comes along with a tusken.. :)
more...
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dingudi
07-16 11:08 AM
That could be challenged easily based on the fact that you have the whole of July month to apply for 485 as per the laws. Also their decision to issue updated bulletin and updated announcement that they will not accept application starting July 2 caused lot of people who were ready to send the application but did not to be in limbo state.
Our lawyers decided not to do it because they said it does not make sense to send the application when you know it will be rejected.
We dont even know for sure whether they would accept any !
If at all they would , there could be many criteria. Just wait until they announce.
Get your cash ready for the law suite though :)
Technically and logically those applications that reached USCIS (or even those post marked) before they announced the revision stand a chance because the numbers are indeed available on July 2 nd morning. Interesting to know how you would challenge that.
Our lawyers decided not to do it because they said it does not make sense to send the application when you know it will be rejected.
We dont even know for sure whether they would accept any !
If at all they would , there could be many criteria. Just wait until they announce.
Get your cash ready for the law suite though :)
Technically and logically those applications that reached USCIS (or even those post marked) before they announced the revision stand a chance because the numbers are indeed available on July 2 nd morning. Interesting to know how you would challenge that.
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Nagireddi
08-16 11:52 AM
here...may even make your receipts come faster:D
guys, good things come to those that work for them
WE MAKE OUR OWN GOOD FORTUNE...
the free lunch crowd is not likely to get anywhere!
Hi Paskal
I am in Stlouis. Send me some information to join this group please. Thankyou.
guys, good things come to those that work for them
WE MAKE OUR OWN GOOD FORTUNE...
the free lunch crowd is not likely to get anywhere!
Hi Paskal
I am in Stlouis. Send me some information to join this group please. Thankyou.
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superdude
07-17 11:05 AM
AILA has reported that the government is scheduled to announce something which can be bad or good. Bad means that the government could not find appropriate fix for the problem, and good means some relief may be provided. It sounds that they appeared to have been in discussion of a number of options and may not have reached yet an agreement. It is indeed a difficult time for the government as well as the immigrants and employers
per http://www.immigration-law.com/
This clearly means that AILA was not in the loop for negotiations.
per http://www.immigration-law.com/
This clearly means that AILA was not in the loop for negotiations.
mariusp
02-19 04:10 PM
Let me know if i am assuming anything wrong?
It's not so clear to me. The new procedure does not make it mandatory to have FP done to obtain an EAD. So you could very well renew your EAD without having to provide FPs.
What the document says is that when filling 485 + EAD they will use the same set of FPs for all applications which is cool but doesn't guarantee that you will get an FP notice.
It only says that IF you get an FP notice it will apply to both EAD and I-485.
It's not so clear to me. The new procedure does not make it mandatory to have FP done to obtain an EAD. So you could very well renew your EAD without having to provide FPs.
What the document says is that when filling 485 + EAD they will use the same set of FPs for all applications which is cool but doesn't guarantee that you will get an FP notice.
It only says that IF you get an FP notice it will apply to both EAD and I-485.
noone2day78
07-19 08:18 AM
Wondering if EAD allows one to take a second job i.e. if one maintains both H1 and EAD status.
You can take up a second job or even start your business...however, you cannot keep both h1b and ead as per my understanding....Once you choose to use ead, i.e use ac21 to change employers then you are on ead no more on h1b. However, I did have this question:
If dependant is originally on h1b (applied 485 through spouse) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?
You can take up a second job or even start your business...however, you cannot keep both h1b and ead as per my understanding....Once you choose to use ead, i.e use ac21 to change employers then you are on ead no more on h1b. However, I did have this question:
If dependant is originally on h1b (applied 485 through spouse) and switches to ead, can the dependant get back to h1b incase primary applicants 485 is rejected / held up for a long time?
