a_paul1
04-02 08:41 PM
1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
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desi485
02-22 12:57 PM
some one specified showing extended I-797 with AP at POE and getting I-94 till the end of extended H1B I-797.
is this true? I am expecting my extension notice soon and if I get it in hand before I travel, should I volunteer to show at POE to IO?
is this true? I am expecting my extension notice soon and if I get it in hand before I travel, should I volunteer to show at POE to IO?
radvy
04-28 08:06 PM
Sent my contribution..
Transaction ID: 95S804911V4822351
Total: $50.00 USD
Item/Product Name: Contributions
Item/Product Number: Contributions
Transaction ID: 95S804911V4822351
Total: $50.00 USD
Item/Product Name: Contributions
Item/Product Number: Contributions
2011 I love animals.
whoever
02-12 05:19 PM
maybe tomorrow, and if not then maybe friday the 16th. anyway, if you are eb3 india, it wont move. maybe eb3 india and of course others will move in april 07 bulletin.
more...
Ahimsa
01-30 03:37 PM
Where do you get this from? In original proposal it was 45 days to file I-140, after that day labor just dies. Company can request substitution only before labor approval.
Sorry for the confusion.
The proposal was to limit LC's life to 45 days as substantiated by http://www.murthy.com/news/n_endsub.html
I agree I was wrong.
Sorry for the confusion.
The proposal was to limit LC's life to 45 days as substantiated by http://www.murthy.com/news/n_endsub.html
I agree I was wrong.
annshiela79
04-23 08:56 AM
Why are members losing it these days?
because we have some so called important members like SNATHAN who are nothing but plain MORONs
because we have some so called important members like SNATHAN who are nothing but plain MORONs
more...
Dhundhun
11-07 03:34 PM
I dumped H1B, and even renewing EAD myself. Keep on giving I9 form.
This helps me to keep interaction at the minimum with Desi Employer.
This helps me to keep interaction at the minimum with Desi Employer.
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Vikul
07-19 05:52 PM
Date Delivered To USCIS: July 2nd 2007
Time Delivered To USCIS: 9.00 am
Service Center: NSC
Rejected: Dont Know
Time Delivered To USCIS: 9.00 am
Service Center: NSC
Rejected: Dont Know
more...
apple
06-11 10:27 AM
Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.
If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.
The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.
Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.
Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.
I have some links for you to look at:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
http://www.laborlawtalk.com/showthread.php?t=111066
http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
http://ask.metafilter.com/18037/Insurance-Company-Woes
http://www.ashcraftandgerel.com/autoacc.html
http://www.psp-interactive.com/issues/articles/2007-02_09.asp
http://www.rbs2.com/cc.htm
http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402
Good Luck!
Thx for the response..
I am already in touch with my insurance claim representative. He told that the insurance's attorney will be responding to the suit and requested me the send the papers asap (which I am going to do today). and they will take care of attorney's expenses.
One more thing that he clearly told is, that they can pay up to $50K and beyond that I have to take care.
-- I don't have any assets here(like shares, house etc)
-- Though I have a house in my country(not sure that would be counted as asset here in this case)
-- Even my bank balance is minimal
I already went thru lots of pain since the accident, and when I thought its all over, it is coming back..Hope I will be able to pass this test, as it is not as complicated as long waiting of GC :)
If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.
The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.
Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.
Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.
I have some links for you to look at:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
http://www.laborlawtalk.com/showthread.php?t=111066
http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
http://ask.metafilter.com/18037/Insurance-Company-Woes
http://www.ashcraftandgerel.com/autoacc.html
http://www.psp-interactive.com/issues/articles/2007-02_09.asp
http://www.rbs2.com/cc.htm
http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402
Good Luck!
Thx for the response..
I am already in touch with my insurance claim representative. He told that the insurance's attorney will be responding to the suit and requested me the send the papers asap (which I am going to do today). and they will take care of attorney's expenses.
One more thing that he clearly told is, that they can pay up to $50K and beyond that I have to take care.
-- I don't have any assets here(like shares, house etc)
-- Though I have a house in my country(not sure that would be counted as asset here in this case)
-- Even my bank balance is minimal
I already went thru lots of pain since the accident, and when I thought its all over, it is coming back..Hope I will be able to pass this test, as it is not as complicated as long waiting of GC :)
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cashah19
06-15 12:31 AM
Thanks guys for all the posts. I guess I have a little ignorant question. If I am married does my wife need to be here for me to file her 485. I am getting court marriage done in July 2007, and hope to file my 485 as soon as I have my marriage certificate, I am sure will be filing in July, but my wife won't be coming to the US till Jan 2008, which is when we have will have the ritualistic wedding. Does she need to be here for any paperwork. She could come on H4, but her parents won't let her stay for long. Does she need medical tests as well from civil surgeon when I file for her? I am hoping she can come in Jan on H4, and then get her EAD along with mine.
more...
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.
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deepakshah
07-15 09:16 PM
signed today
more...
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Kushal
06-02 10:10 PM
Good going folks!!....this is the first time the polls look positive...
WE WILL WIN, WE ARE WINNER and WE ARE BORN TO WIN...Amen!
WE WILL WIN, WE ARE WINNER and WE ARE BORN TO WIN...Amen!
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ElectricGrandpa
06-12 03:03 AM
Either way, I don't have an iPod so I have no idea.. haha :)
... And besides, I don't really like how my "chipPod" skin looks anyway.
... And besides, I don't really like how my "chipPod" skin looks anyway.
more...
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atlfp
11-14 12:45 PM
He does not worth such attentions!
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jaihind
01-18 09:28 PM
We have to fight discrimination in any form. While we are for enforcement of law - arbitrary interpretation has to be fought.
more...
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needhelp!
03-13 01:03 PM
Posts are being repeated..
but somehow its nice that it knows which ones to repeat ;)
but somehow its nice that it knows which ones to repeat ;)
girlfriend Title: Cartoon Cute Animals:
WaldenPond
03-13 07:55 AM
I am an IV old timer and I was wondering where the IV old timers were?
black_logs, ragz4u. logiclife, waldenpond, berkleybee, shilpa?
How many core IV members have already received their GCs besides Aman, just curious?
Of late is there anything of note even happening on the lobbying front? IV seems to have become another Immigration Portal kinda website where people are now posting all sorts of info, some of it not even immigration related.
It would be nice if someone in the core team updated the rest of us, who cannot join the state chapters due to personal reasons on the website.
eb3_nepa,
Logiclife and Pappu are attending a personal matter of utmost importance at this time. WaldenPond (that is me) is here to answer your question and continue to actively participate in the activities of IV along with Logiclife and Pappu. Others names in your list have not been working in IV since long time � 2006. So don't know how to respond to your question about any of the other names.
Advocacy is a long drawn process and we do not think it is the best interest of our effort to declare on-going advocacy efforts on the forum even when it means that we will not be able to quench the curiosity of some of the members. It will hurt our cause if we continue to announce advocacy effort details on the forum.
Periodically communicating with members stuck in green card backlog in your community/state takes just couple of minutes in a week and is not demanding at all. This channel takes extremely less time to update yourself with what is going on. So that is the channel we are following at this time to share information. As such we request you to please join the group/team in your local area and use that channel to get the updates. When there is an update that can be shared on the forum, we do post the update for all the members.
I received my green card in June-07 and shared this information on the forum earlier. There is one other member who received green card in past few months but for the purpose of privacy it is better for the member to have the choice if/when to announce on forum. I hope you understand and appreciate if someone decides not to announce a specific personal information on the public forum. No other member of core team have received their green card and regardless of the fact whether we have received the green card or not, we continue to do everything possible to work on fixing EB green card delays/backlogs.
Hope this answers your questions.
Thanks,
black_logs, ragz4u. logiclife, waldenpond, berkleybee, shilpa?
How many core IV members have already received their GCs besides Aman, just curious?
Of late is there anything of note even happening on the lobbying front? IV seems to have become another Immigration Portal kinda website where people are now posting all sorts of info, some of it not even immigration related.
It would be nice if someone in the core team updated the rest of us, who cannot join the state chapters due to personal reasons on the website.
eb3_nepa,
Logiclife and Pappu are attending a personal matter of utmost importance at this time. WaldenPond (that is me) is here to answer your question and continue to actively participate in the activities of IV along with Logiclife and Pappu. Others names in your list have not been working in IV since long time � 2006. So don't know how to respond to your question about any of the other names.
Advocacy is a long drawn process and we do not think it is the best interest of our effort to declare on-going advocacy efforts on the forum even when it means that we will not be able to quench the curiosity of some of the members. It will hurt our cause if we continue to announce advocacy effort details on the forum.
Periodically communicating with members stuck in green card backlog in your community/state takes just couple of minutes in a week and is not demanding at all. This channel takes extremely less time to update yourself with what is going on. So that is the channel we are following at this time to share information. As such we request you to please join the group/team in your local area and use that channel to get the updates. When there is an update that can be shared on the forum, we do post the update for all the members.
I received my green card in June-07 and shared this information on the forum earlier. There is one other member who received green card in past few months but for the purpose of privacy it is better for the member to have the choice if/when to announce on forum. I hope you understand and appreciate if someone decides not to announce a specific personal information on the public forum. No other member of core team have received their green card and regardless of the fact whether we have received the green card or not, we continue to do everything possible to work on fixing EB green card delays/backlogs.
Hope this answers your questions.
Thanks,
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ItIsNotFunny
03-11 01:42 PM
Sanju,
I'm one of the past victims of your abusive language. ( remember " You are truly a Pakistani terrorist")
Honestly, i was very surprised to see that from you. Your past posts are an example of the kind of insight you bring in.
Hope you can speed dial that other side!
-GCisaDawg
Guys!
Sincere request to everyone. Please stop this discussion right away. Please for your own and your family sake, concentrate on FOIA. If you have extra energy, please help NeedHelp! to prepare what data and in what format we need. But don't spit negative energy here.
After a long time I am seeing some positive movements on IV, please don't kill it.
I'm one of the past victims of your abusive language. ( remember " You are truly a Pakistani terrorist")
Honestly, i was very surprised to see that from you. Your past posts are an example of the kind of insight you bring in.
Hope you can speed dial that other side!
-GCisaDawg
Guys!
Sincere request to everyone. Please stop this discussion right away. Please for your own and your family sake, concentrate on FOIA. If you have extra energy, please help NeedHelp! to prepare what data and in what format we need. But don't spit negative energy here.
After a long time I am seeing some positive movements on IV, please don't kill it.
raghuram
05-09 04:24 PM
Hello,
We have used the following plan over past 3-4 years (though never had to file a claim)... it offers coverage for pre-existing conditions as well...
Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)
Any insurance is good until you have to use it. It is nice that you didn't have to use it.
However, the fact remains that the 's plan is a fixed coverage plan that has sub-limits for each and every procedure. That means, it wll only pay a fixed amount and you will pay the difference yourself which can be a big amount.
It is always better to buy comprehensive coverage plans that have no sub-limits.
Check out http://visitorsinsuranceusa.wordpress.com to look at the shocking but true facts about India Network Insurance / KV Rao Insurance.
We have used the following plan over past 3-4 years (though never had to file a claim)... it offers coverage for pre-existing conditions as well...
Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)
Any insurance is good until you have to use it. It is nice that you didn't have to use it.
However, the fact remains that the 's plan is a fixed coverage plan that has sub-limits for each and every procedure. That means, it wll only pay a fixed amount and you will pay the difference yourself which can be a big amount.
It is always better to buy comprehensive coverage plans that have no sub-limits.
Check out http://visitorsinsuranceusa.wordpress.com to look at the shocking but true facts about India Network Insurance / KV Rao Insurance.
swamy
11-28 01:47 PM
http://radiotime.com/station/s_23765/News_Radio_950.aspx
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