softcrowd
10-10 06:27 PM
There are many people from these Indian Outsourcing companies who are switching to US comanies or even to local desi bodyshopping companies for various reasons...Like the ones below
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
1) If you are in US onsite, there is no guarantee that you would be onsite for the prolonged period you want. When the business need arises, you will have to go back at short notice. Most of the people quit these companies in US due to that reason alone.
2) They don't process GCs in general (very limited cases....)
3) Chances are that one may make more money based on the skill-set
However, if people continue to believe that these companies are just sort of "glorified body shoppers", nothing stops them.
But outsourcing is increasingly preferred by US corporates & these outsourcing companies are only going to prosper.....
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gps001
07-18 11:30 AM
At some point I had a question about this issue (I-131 page 4), about which "application" is deemed abandoned and I got an answer in these forums (someone said that he/she researched enough) and that it is the I-485 application which is deemed abandoned if you leave before AP gets approved.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
nozerd
01-04 10:30 AM
The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.
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coralfl
08-22 12:14 PM
Let us Focus on Rally/ Focus on Local Chapter/Focus raising money; if we want to see any change soon.
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Dhundhun
01-10 07:15 AM
IV friends,
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
nc_sekar_415
01-27 04:08 PM
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
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Sakthisagar
12-07 04:12 PM
I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
Laziness of USCIS so called officers and also might is right mentality and of course Corruption in USCIS! believe it or not see this
Immigration Services Homeland Security Department of Justice Ause Blog (http://www.justice-denied.net/Justice_Denied_Editorial.htm)
Corruption is more the rule than the exception!
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
Laziness of USCIS so called officers and also might is right mentality and of course Corruption in USCIS! believe it or not see this
Immigration Services Homeland Security Department of Justice Ause Blog (http://www.justice-denied.net/Justice_Denied_Editorial.htm)
Corruption is more the rule than the exception!
2010 Welcome to your ultimate celebrity beach body countdown.
vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
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paulavijit
06-01 02:27 PM
Votes YES.
YES count is only 961 though now.
YES count is only 961 though now.
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Administrator2
05-15 01:31 PM
Guys, This discussion has no relevance if the bills won't pass. So it is extremely important to call the specific House members. We are not trying to filibuster whatever you chose to dicuss. However, we are in crunch time and need all hands on the deck to gather support for the three bills. Please Please call the House members listed in this thread:
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
http://immigrationvoice.org/forum/showthread.php?t=19113
This is the most important thing right now. Kindly help.
Thank You!
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vbkris77
11-26 06:34 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
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mallu
02-12 01:46 AM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
.
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sss9i
12-20 11:59 AM
Great news for 2007!
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raydon
10-12 10:46 AM
It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
I do see your point about the unfairness of allowing the old PD. In that case, what do you say about the cross-chargeability provision ? I guess the percentage of people availing of that provision is small, but it does happen.
For example, If you're from India and in EB3, but your spouse was born in a non-retrogressed country, you automatically jump to the earlier PD in your category, EB3-World in this case. Maybe the percentage of such cases is low, and hence there're no protests from the people waiting. I personally know of one colleague who had a later PD than me, but got the EB3-World PD since his spouse was born in Zambia. If EB3-World was current, he'd be green simply because his spouse was born in the "right" country.
Unfair ?? Maybe - but it's legal and allowed. My point is that getting an older PD in both cross category and cross chargeability are allowed today and people will continue to avail of them is they can. As long as the USCIS doesn't have issues with that, applicants will attempt to migrate between categories and countries, during their im-migration process :) Couldn't help myself with that pun there :)
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perm2gc
05-22 04:12 PM
When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...
Didn't you read the bill. They didn't give up but asking our fellow 400,000 highly skilled immigrants to wakeup and be part of our struggle.Many people i talked don't know about the bill itself.What a pitty !!!:mad:
Didn't you read the bill. They didn't give up but asking our fellow 400,000 highly skilled immigrants to wakeup and be part of our struggle.Many people i talked don't know about the bill itself.What a pitty !!!:mad:
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viper673
03-22 11:29 AM
what happens if I had interfiled with a new I-140 EB2 (currently pending) and now my original approved I-140 EB3 became current?
Will USCIS adjudicate based on either I-140?
Will USCIS adjudicate based on either I-140?
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arc
10-02 10:52 AM
The application finally goes to the service center who has adjudiciated the 140, if one's 140 is LIN the AOS 485 will go finally to NSC, it will stay pending over there untill the visa bulletin becomes current for that Priority Date.
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yabadaba
06-05 02:52 PM
Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.
Based on this, it is very unlikely that there will be much forward movement in July.
if they did what u say they did.. they violated the law. thats what gotcher is talking about. plus using up 140k visas without a substantial impact being seen on the forums is highly unlikely.
last year in june and july when they issued 60k visas there was huge spike in approvals and it was seen on the forums/on /IV/ immigration portal.
there has not been such an observed event this year. the reason eb2 india went to U was because they had used up the quota associated with per country caps and the category and quarter sub quotas.
what we are seeing now/ will see in this fiscal year will be spill over visas. where it occurs is anybody's guess.
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CHRAMA
04-14 08:24 PM
Thank you everyone, Just I received my I140 approval.
hpandey
11-20 10:18 AM
I am waiting for GC for buying a house myself. I am sure there are many more people who think this way esp in this market.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
I am also waiting for a GC to buy a house ... can't buy on a H1 visa with a project that keeps on getting extended every 3-6 months. You need stability for at least a few years to put in a committment for a mortgage that you are going to pay for 30 years.
kc_p21
02-25 06:15 PM
I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.