surabhi
04-23 03:50 PM
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
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andycool
08-20 01:23 PM
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Me....
SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
Info pas...on Aug 06...> with officer wait 30 days..
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
Me....
SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
Info pas...on Aug 06...> with officer wait 30 days..
sparklinks
09-08 05:53 PM
I expertise my EAD and today I got a letter saying wait until 90 days....what the Heck is this... Current one exp. in 2 weeks..... RD 06/18/2008
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vinabath
04-24 01:50 PM
Quite right, I know you meant that managing relationships has to be from both the sides, but with most desi employers it has become a one way street. Even with all the effort to manage relationship, the employee still gets scr*** and this needs to stop.
Do you have any suggestions?
Do you have any suggestions?
more...
sats123
06-22 11:23 PM
I suggest that you should request him and convince him that you are not going to quit and make up some story like your spouse wants EAD to work and you are joining masters program etc.
Dhundhun
07-21 09:44 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
more...
nefrateedi
08-22 04:01 PM
Application reached NSC on July 14. No receipts or cashed checks yet.
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glus
05-23 12:56 PM
Fax numbers to senators I have faxed:
Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Kennedy: 202-224-2417
Obama: 202-228-4260
Clinton: 202-228-2082
Schumer: 202-228-3027
Lott: 202-224-2262
Reid: 202-224-7327
Cornyn: 202-228-2856
Hagel: 202-224-5213
Martinez: 202-228-5171
McConnell: 202-224-2499
Kennedy: 202-224-2417
Obama: 202-228-4260
more...
desi3933
07-10 07:49 AM
Please post URL of this and others. Thanks!
Sec. 245.1 Eligibility
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca
Sec. 245.2 Application
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56
Sec. 245.1 Eligibility
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca
Sec. 245.2 Application
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56
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desiguy22042
09-21 07:51 AM
Hi,
I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.
I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.
Questions::confused:
1) Does transfer mean delay in processing ?
2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)
Any answers or discussions or links to the solutions are welcome.
Good luck to everyone for the speedy processing.:D
I received my (and my family's) transfer notice (and hence the WAC### nos.) for 485 application yesterday at my residence. The cases were filed in CA by my lawyer (filing from MD). The cases have been transferred to TX.
I am yet to receive any notice/tracking no. for EAD and AP applications. The checks were made by the lawyer so that is not an option.
Questions::confused:
1) Does transfer mean delay in processing ?
2) Is EAD tracking no. different from the 485 no. ? If so, where can I get that from ?
3) Are they still issuing EADs in about a couple of months ? If so, that is great. If not, when does the 90-day clock start for INFOPASS ? (if it is an option in this incresed activity)
Any answers or discussions or links to the solutions are welcome.
Good luck to everyone for the speedy processing.:D
more...
cal97
11-07 07:11 PM
SJ,
o Yes, mine is a NSC->CSC->NSC transfer case.
o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.
o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.
o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.
Hope this helps.
hi cal97,
Are you a CSC-NSC transfer case?
Are you telling that FP was already sceduled even before you went for Infopass?
Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
Thanks a lot
SJ
o Yes, mine is a NSC->CSC->NSC transfer case.
o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.
o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.
o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.
Hope this helps.
hi cal97,
Are you a CSC-NSC transfer case?
Are you telling that FP was already sceduled even before you went for Infopass?
Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
Thanks a lot
SJ
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sss9i
09-11 10:56 PM
Please create link to main page So that everyone can access easily.
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vinabath
04-23 03:34 PM
any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
why in the beginning he chose a desi employer and signed a non-compete clause?
why did not get his H-1 done with PF?
every one( desi employer and h-1b employee) have weaknesses and strong points.
H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.
I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.
I thought of starting a desi consulting firm and realised it is a lot of pain.
Desi employee
1. wants 80% and may be 90%
2. bare h-1 cost
3. bare gc cost
4. bare insurance cost
5. pay salary on time
6. pay umemp, ss taxes
in addition to the time employer has to spend time to do all the above tasks.
end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.
end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.
it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.
how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.
every knows how the game is played.
another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.
another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL
another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.
I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.
Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.
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ravi98
09-09 09:12 AM
It is depressing to see that nothing has changed much since the last post in this thread in 2007!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
We are still in the same rut :mad: and not a single immigration news to read either :eek: let alone have any kind of active debate on the topic !!
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hebbar77
05-08 08:10 PM
I guess affected class should make an impact visible enough for people to realize they cant let us down.
Example : keeping all our savings and checking cash in our country banks. This will not provide free money to local banks.
Lets say
500k people pulling out 25k each. Thats a big sum. Its just investing our money in our country bcos we DONT expect GCs!
Also buy airtickets from broker from your home country which will benefit your country getting the sales tax!... so on.
I have nothing against anyone. I am just saying how we can assert our importance.
Example : keeping all our savings and checking cash in our country banks. This will not provide free money to local banks.
Lets say
500k people pulling out 25k each. Thats a big sum. Its just investing our money in our country bcos we DONT expect GCs!
Also buy airtickets from broker from your home country which will benefit your country getting the sales tax!... so on.
I have nothing against anyone. I am just saying how we can assert our importance.
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gclongwaytogo
10-11 02:39 PM
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
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obviously
04-21 06:26 AM
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
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kaisersose
07-20 08:43 AM
A $100 from me too
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cool_desi_gc
04-26 09:29 AM
Lets not get sucked into it..
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.
2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.
Lessons learnt
1) Why the hell did you sign the agreement without looking at these clauses ?
2) Why din't you have a copy of the agreement with you ?
I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.
But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.
dtekkedil
07-11 11:41 AM
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
Are you a journalist by any chance? :D
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
Are you a journalist by any chance? :D
clear485
08-18 01:21 PM
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
I'm ready to join in the law suit....
I'm ready to join in the law suit....
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