ras
07-02 01:07 AM
This is one of the important threads. It's really time to cleanse the system and imbibe faith in the employer/employee relationship.
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
We do see such threads on the forum occasionally where the employee is being cheated/asked to sign a contract/is not being paid on bench/employer is threatening etc etc... There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
Is this really true?
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
wallpaper Used Car - 2004 Ford Freestar
gc_maine2
08-11 11:36 AM
Done.
logiclife
01-29 07:31 PM
I dont think companies are really geared to file for 140 within 45 days of labor approval.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
2011 2004 Ford Freestar Limited
njboy
01-30 09:55 AM
so those with substituted labor better hope it clears before april 2007, and they get to file i140 otherwise..they'll have to file a new labor..just hope DOL does not let them keep the old priority date..Im not being vindictive..just feel that its unfair that people buy labors for 20K and get green card using a shell company in 6 months.
more...
karthiknv143
02-07 06:11 PM
:confused: 02/07/2007: Details of DOL Backlog Cases Processing Statistics
(http://www.immigration-law.com)
Yesterday, we reported that the Backlog Elimination Centers had completed 67% of cases as of 01/27/2007. According to the "unconfirmed sources", the details appear to be as follows:
Total Number of Cases: over 300,000
Processing status by the Two Backlog Elimination Centers:
Total 100% Dallas (152,000+) Phily (169,000+)
Pending 33% 33% 36%
Completed 67% (1) Certified 33% 33%
" (2) Closed 21% 20%
" (3) Withdrawn 11% 08%
" (4) Denied 01% 02%
The good news is that there were very small number of denials. Bad news is a large number cases did not make it through becuase they were either withdrawn or closed. There are a very small fraction of cases which are not reflected in the table.
(http://www.immigration-law.com)
Yesterday, we reported that the Backlog Elimination Centers had completed 67% of cases as of 01/27/2007. According to the "unconfirmed sources", the details appear to be as follows:
Total Number of Cases: over 300,000
Processing status by the Two Backlog Elimination Centers:
Total 100% Dallas (152,000+) Phily (169,000+)
Pending 33% 33% 36%
Completed 67% (1) Certified 33% 33%
" (2) Closed 21% 20%
" (3) Withdrawn 11% 08%
" (4) Denied 01% 02%
The good news is that there were very small number of denials. Bad news is a large number cases did not make it through becuase they were either withdrawn or closed. There are a very small fraction of cases which are not reflected in the table.
caliguy
10-28 03:47 PM
Got a call this morning (at 8 AM) from an IO at local office telling me that my case was approved.
After an hour, around 9 AM, I got another call from USCIS. I was pleasantly suprised with how polite the lady was. She told me that she was following up on the inquiry I had sent. She repeated what I already knew, that my case was approved on 10/26. I am assuming this was in response to the letter I had sent to USCIS secretary Napolatino. She congratulated me a couple times and I thanked her for calling me.
So folks who are waiting, please try everything you can. Draft one good letter, and send it to everyone you can and hope that at least one of those authorities will look at your letter and do something about it.
I also want to thank SeekerOfPeace who shared his letter to Sec. Napolatino with me.
After an hour, around 9 AM, I got another call from USCIS. I was pleasantly suprised with how polite the lady was. She told me that she was following up on the inquiry I had sent. She repeated what I already knew, that my case was approved on 10/26. I am assuming this was in response to the letter I had sent to USCIS secretary Napolatino. She congratulated me a couple times and I thanked her for calling me.
So folks who are waiting, please try everything you can. Draft one good letter, and send it to everyone you can and hope that at least one of those authorities will look at your letter and do something about it.
I also want to thank SeekerOfPeace who shared his letter to Sec. Napolatino with me.
more...
vikki76
10-28 07:12 PM
NSC.
Let me send u a pm to get text of that letter too.
Let me send u a pm to get text of that letter too.
2010 2004 Ford Freestar SES
walking_dude
03-13 03:37 PM
Slave,
It's oxymoronic to hear a self-confessed slave lecture us on 'Freedom'. Real freedom is standing and fighting for ones rights, and not hiding in a cave. How would a slave know?
'Red Dots' are also Free speech. Members who gave you one also used their 'Freedom of Expression' just like you ( did you think all freedoms are reserved for you ?).
FYI, I didn't waste any 'Red dots' on you. IV members are smart. They don't need to be guided by 'Red dots' to recognize an idiot. They smelled one the moment you opened your big trap door.
Yes! on IV you are supposed to say only good things about IV (though IV is "grass-root" non-profit) but no free speech here :confused:
You are only supposed to smell and sense good things about IV and hence write only good ... but god-forbid if you write truth then IV-watchers will try to ruin your "image" by giving RED dots (IV-mileage points) and make you feel bad-guy :rolleyes:
It's oxymoronic to hear a self-confessed slave lecture us on 'Freedom'. Real freedom is standing and fighting for ones rights, and not hiding in a cave. How would a slave know?
'Red Dots' are also Free speech. Members who gave you one also used their 'Freedom of Expression' just like you ( did you think all freedoms are reserved for you ?).
FYI, I didn't waste any 'Red dots' on you. IV members are smart. They don't need to be guided by 'Red dots' to recognize an idiot. They smelled one the moment you opened your big trap door.
Yes! on IV you are supposed to say only good things about IV (though IV is "grass-root" non-profit) but no free speech here :confused:
You are only supposed to smell and sense good things about IV and hence write only good ... but god-forbid if you write truth then IV-watchers will try to ruin your "image" by giving RED dots (IV-mileage points) and make you feel bad-guy :rolleyes:
more...
SGP
04-01 01:48 PM
$$$$$$$$$$$$$$$GOOD AFTERNOON GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
hair 2004 Ford Freestar SE Richmond
kannan
01-30 05:07 PM
Voted it is now q 21
more...
kshitijnt
06-11 02:50 PM
This can financially drain you out. My insurance agent told me that they cant get the money straight out of your bank account , because how will they find out your bank account number and the bank? How do they know how many bank accounts you have? What if you send money to India before the judgement is entered against you? If you have a house, they can go after your house or car. What about their own insurance policy? Maybe their insurance can also pay as uninsured motorist pay? Retirement income is usually protected in some states and hence I dont think your 401K is at risk. Once your insurance company pays out the maximum, you can basically say hands up, I have given up.
hot 2004 Freestar Limited Flint
desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
more...
house 2004 Ford Freestar Wagon S
friend_in_NC
07-11 10:38 AM
My lawyer was not prompt enough to mail the applications by July 2 and after USCIS issue new update, they decided not to file as it will be rejected. In light of the lawsuits, below is the response I got from them?
"In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:
If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.
If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.
Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.
Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."
So friends, what are you folks doing? Any thoughts or comments?
Regards.
"In light of the currently pending class action lawsuit against USCIS and numerous requests to file for Adjustment of Status despite the unavailable visa numbers, we have decided to do the following with regards to current filing of adjustments:
If you have an older priority date (EB-2 or EB-3) such as 2004 or earlier, it would most likely be a waste of your time and money to file your adjustment now. It could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and chances are that your priority date would come current before then, making you eligible to file your adjustment.
If you have an newer priority date (EB-2 or EB-3) such as 2005/6 or later, it may be beneficial to file the adjustment now and become part of the class action lawsuit, but this is just speculation. In any case, the initial filing would be outwardly denied and no immediate benefit would come of it. Even if the lawsuit had a favorable outcome, you will have to refile the adjustment at the time of the court's decision, which would incur more legal fees. Again, it could take over a year and a half (if not longer) for a decision to be reached in the lawsuit, and your priority date could come current before then, making you eligible to file your adjustment and making the lawsuit a big waste of time and money.
Ultimately it is your decision as to what you want to do. We are willing to file your case now if you so wish. Please note that our office will be charging full legal fees for each time the adjustment is filed. The full legal fee will be due upon the initial filing of the case, and again on any subsequent filings of the same case, whenever that may be, as all paperwork will have to be redone.
Please keep in mind that once we file your case, we can guarantee that it will be rejected immediately. You will receive no immediate benefit from filing this case. You will not be issued travel documents, and you will not be issued an EAD card."
So friends, what are you folks doing? Any thoughts or comments?
Regards.
tattoo 2004 Ford Freestar Wagon SE
pappu
12-09 01:33 AM
pls stay in touch. we will try to get your story published. send me your details. Others that have had such experiences pls stay in touch. such compelling stories help us influence masses and lawmakers.
more...
pictures 2004 Ford Freestar SE Fontana,
amit_md
04-14 07:39 AM
Contributed $100, a small drop in the contribution.
dresses 2004 Ford Freestar Limited
Green.Tech
06-10 05:32 PM
Do not stop!
more...
makeup 2004 Ford Freestar SEL Fond du
krishna.ahd
02-13 02:40 PM
Logiclife. I know why you are responding to these comments you all are frustrated with such comments. I know it is hard to not respond but please ignore these asinine comments. Please have some of these comments linked to the main page. But believe me "barking dogs seldom bite." Such people will ultimately sap your energy. But, just like how IV is asking people to contribute please also ask them to use their own judgment, they do this at their own risk. There are many people like us who have faith in your group although we know you cannot do miracles. Please have faith and I sincerely request to all members & moderator that once we see these comments let us move this to the some thread called “IV bashing thread” and let the rest of us completely ignore them.
Logiclife
I completely agree with eager_immi.
People need to understand that we dont have 'Harry Potter' as our core member, We have set up our goal and we try to achieve the same with united effort.
Logiclife
I completely agree with eager_immi.
People need to understand that we dont have 'Harry Potter' as our core member, We have set up our goal and we try to achieve the same with united effort.
girlfriend 2004 Freestar SEL Flint Grey
Michael chertoff
11-26 01:08 PM
I filed on July 2, when my 6 months will be completed.. from what date we have start counting 6 months.
hairstyles 2004 Ford Freestar S Grand
walking_dude
11-14 12:27 PM
"Victory is always possible for the person who refuses to stop fighting." - Napoleon Hill
I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot
I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot
go2roomshare
02-01 12:34 PM
I agree with the initial post, it is mostly true , i know people who did such a way, ofcourse most of indians who worked for a indian consulting company know about it.
coopheal
01-30 10:09 PM
I am a LEGAL immigrant how has waited in the line for Green Card for 10 years. I've paid my taxes, social security, medicare and followed the law. Immigration bureaucracy and inefficiency at USCIS has meant more than 250K of Green Cards within legal limits have gone waste leading to a very long wait for legal immigrants.
Please tell me what I should do - Wait another 10 years? Go back to home country? or jump the fence?
Guys I added one more question, a little succinct. Please vote for this along with others hopefully one of these will be picked. Thanks
Voted this too.
Please tell me what I should do - Wait another 10 years? Go back to home country? or jump the fence?
Guys I added one more question, a little succinct. Please vote for this along with others hopefully one of these will be picked. Thanks
Voted this too.
0 comments:
Post a Comment