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  • GCVivek
    03-29 02:51 PM
    H1b_Alex,

    It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.

    1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
    2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
    3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
    4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
    5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
    6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.

    Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%

    The reasons are simple and outlined above. Sorry but your chances are slim. :(



    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

    I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

    I need to clarify a few things before i nail these blood suckers

    1. How long before i board my flight back home , should i send the documents to DOL

    2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
    or copy to send to DOL

    3. What other documents should i send alongwith

    4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

    5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


    I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

    Any advices are welcome to help me bring these guys to justice.




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  • Chiwere
    08-11 02:41 PM
    Done

    EB3I Jul 2003




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  • Madhuri
    03-29 02:31 PM
    Shared on FB




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  • caliguy
    10-30 07:02 PM
    Agree with vikki76. Infopass and Customer Service numbers are totally useless. Actually, they can do more harm than good as they will open a SR for you, and then when you call back, you are stuck as you have to wait for 30/45/60/90 days.

    I think the following will be helpful (I think what worked for me):
    1) Try to get a hold of a polite and helpful IO. Keep calling until you get to talk to a nice IO. Reaching an IO does not take more than 30-60 seconds if you call late in the afternoon.
    2) Send DHS-7001 form to CIS Ombudsman
    3) Letter to Napolitano

    I still havent got a response for a letter to the first lady so I am not sure if that works.

    Good luck!

    It wouldn't hurt to verify which 140 is getting picked up. I got paranoid because when I contacted USCIS through service request, POJ and ncsc follow up email in September, I came to know that my application is awaiting visa number when clearly dates for my PD were current since Sept 01. Then I tried calling USCIS repeatedly until I got confirmation that both 140 were indeed in place.
    After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
    InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.



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  • RollingStone12
    04-23 08:31 PM
    because we have some so called important members like who are nothing but plain MORONs

    Well only members who are working for the good for the the whole EB community(Read My GC)
    Not some stupid highly educated person who does not have any education in humanity but thinks he deserves GC before others because he is superior than them

    PlainSpeak aka annshiela79 aka annsheila79

    I have seen all your fight and how you were helpful for the EB community. Specially that skill with which you have single handedly killed the fund raising for the advocacy day. You are a bliss for this community. :D

    Now come back as annshiela79 and start the bashing...

    P.S: Your communication is pathetic at best...I couldnt believe you have got your MBA from a US business school. Is is it TVU...are you one of those elite 1500 students from that great state. Take a break from IV and spend time to improve your communication. No one is giving GC for your hightly educated humanity (you are a disgrace for the humanity though)...what a piece of crap you are. Havent you ever ashamed yourself for being a stupidest person on earth. May be you are too stupid to understand you are a stupid. Its a bliss and admire you for that.




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  • paskal
    07-17 06:08 PM
    Hi Pappu,
    Not sure I follow your argument here. Why should we not pursue the CIR and Recapture Bill action alert via AILA site. Also I am curious to know why IV has not put up a fax campaign for the same - given that this issue is clearly the focus on much of the IV agenda. Finally, I would think that while it is important to campaign directly to those in the know and power, as IV does and encourages members to do, there is something to be said for the strength of numbers. And one of the many ways IV can demonstrate that strength is not just to quote numbers in lobbying efforts but also to display direct interest of members and indeed non-members via faxes sent. IV Core and Donor Forum - some response from you would help us understand the path being pursued here.

    Regards,

    Raji


    As you are aware there is alot going on right now. The administration is talking about CIR.
    Lots of bills with small provisions get talked up or introduced. In fact that happens every year if you look back. We keep an eye on what's moving and where the effort is needed. We do not want to waste our resources and effort if something may end up simply being a placeholder or a position statement.
    In a nutshell, there will be fax campaign when we are advised (by lawmakers, lobbyists and friendly advocacy groups among others) and we determine that it is needed and will be effective.



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  • Humhongekamyab
    07-02 04:53 PM
    I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
    1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
    2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
    3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
    4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
    also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
    5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
    do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
    the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
    this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
    I am not an attorney...i am just an immigrant stuck in GC Q like u guys....

    Thanks for posting your experience. Good job.




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  • gc2005
    11-16 12:01 PM
    Any ideas if the SKIL bill might come up for discussion in the Lame duck session?



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  • smartboy75
    09-29 01:16 AM
    Hi Guru's

    A strange thing happened today....Need your help ...

    I have an H1 transfer pending with Nebraska Service Centre....

    My earlier H1 which was approved 1 year ago has been re-opened today...This is the status I see on USCIS web-site

    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on September 28, 2007, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.


    I don't get this...I have the following questions

    1> This H1 petition was approved 1 year ago...I have the I-797 Notice with me. Then why did they re-open this case after 1 year of approval ??

    2> My I-131, I-485, I-765 applications has been accepted and chqs encashed. What happens to them now ?

    3> What about my H1-transfer which is pending ??

    I am going nuts....anyone in this situation




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  • bkarnik
    09-17 02:13 PM
    here how it will be considered:
    first human--> followed by illegal immigrants-->next horses-->last and least aliens

    you mean LEGAL aliens...:)



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  • Alabaman
    09-13 01:24 PM
    We all know this, but anyway I agree that this is our only hope.

    I am willing to visit DC if I can help out in any way.

    Looks like we can't expect only the core members to keep working.

    qplearn

    Yeah but the core members need to let us know where they are and what they are doing and then give directions as appropriate. This would prevent individual uncoordinated actions that might impede their on going moves... otherwise this forum would just be a mere venting platform and the message would not get out there.




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  • sroyc
    07-26 02:06 AM
    Somehow "spinster" sounds so drastic and final...

    I was going to say the same thing. Technically a spinster is a woman who is past the marriageable age. Bachelorette is more apt.



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  • Macaca
    11-19 11:52 AM
    Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".


    Lou Dobbs Tonight 03/28/2007 (http://transcripts.cnn.com/TRANSCRIPTS/0703/28/ldt.01.html): "It's pretty remarkable. Four hundred thousand H1 visas each year."
    From How many H-1B visa workers? Counts vary (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007

    The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
    From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

    Page 5: Number of H1B petitions approved for initial employment is 116,927. The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker.




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  • bhatt
    05-01 09:59 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck
    I didn't think of It. If we had stayed back in india, we don't have have to do any of these.:rolleyes::confused: . After GC also no freedom. As one of my american co-worker was telling, In America only the statue of liberty has the freedom.



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  • pappu
    04-28 10:09 AM
    One more point:

    Know when your GC and passport expires so that you can renew it. :)

    Getting a GC does not mean you can ignore all your immigration issues.




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  • rajuram
    02-14 12:08 AM
    I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.



    Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
    those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.



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  • pmb76
    07-17 04:10 PM
    I applaud you for starting this effort but the petition needs correction, You are calling Lou Dobbs of lying but all the instances you quote are from Sen Tancredo . You may accuse Lou Dobbs of supporting these lies by letting them stand unchallenged not correcting them.

    When we fight we should get our facts straight so that no one can point a finger at us.

    I am saying all this at the risk of being ridiculed and abused by some of you. But before you do read the petition again and read my statement with cool head.

    Victory will come to those who are righteous not impetuous

    We need to document all the inaccuracies floating around and patiently with the backing of facts dismantle each and every one of them.

    I partly agree with what you are saying. Agreed that we need to document each and every misconception on H1-Bs that Lou Dobbs has propagated on his show. However this petition is about that one particular show. We need to make a beginning somewhere. Lou Dobbs must be held responsible for the veracity of the content aired on his show.
    You are welcome to start a new petition highlighting other issues.




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  • malaGCPahije
    08-11 11:37 AM
    Done.

    Enjoy.




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  • danu2007
    07-14 11:33 PM
    signed...




    sku
    09-15 05:04 PM
    what's the phone number for that VXG...
    Call the service center where your case is (Texas or nebraska) not NSC.
    Please ?




    hope_4_best
    08-11 02:36 PM
    Done



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