Bokke
06-22 07:46 AM
*taps fingers impatiently*
errr.. :look: lets vote !
errr.. :look: lets vote !
wallpaper Justin Jackson, Kemba Walker
glus
07-14 09:26 PM
signed:)
shree19772000
02-12 01:13 PM
Can you please elaborate on how this can be achieved? I curently have an approved 140 and am stuck in EB3 retrogression.
Please consult a immigration lawyer.
Please consult a immigration lawyer.
2011 Kemba Walker shoots during
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.
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.
more...
Hassan11
03-13 03:39 PM
;) he/she must have some amazing programming skills. thi should show USCIS that they need to keep people with these skills in the US and give them GCs asap.
Thank you for posting.... But how did you find this link?
Thank you for posting.... But how did you find this link?
ski_dude12
11-10 02:41 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
more...
indyanguy
11-07 04:19 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.
Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?
This helps me to keep interaction at the minimum with Desi Employer.
Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?
2010 Kemba Walker highlights.
wandmaker
06-06 05:29 PM
Just finished calling all of them. Was very easy. 9-11 minutes top.
GCCovet
Thank you
GCCovet
Thank you
more...
badluck
07-11 11:01 AM
what about those who send on june 30 and delivered on july 2, they are not considered as a july filers??:mad:
hair UConn#39;s Kemba Walker envisions
smartboy75
10-12 05:17 PM
or may be a virus attack ... too coincidental to have sent notice on same day ...
my 1.9 cents ...
Not really.
It is a learning phase for everyone here at IV...
Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...
I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.
The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.
Live and learn...
my 1.9 cents ...
Not really.
It is a learning phase for everyone here at IV...
Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...
I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.
The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.
Live and learn...
more...
raju123
05-24 03:50 PM
Although problem is genuine, no body (media, lawmakers, and US citizens) noticed our problem and recognize out contribution. We need to do something non-traditional to draw the attention of media. DC meet is one good chance, if we can gather significant quality heads. I am scared that only around 1000 members (may be less) are active at the peak of depression. And I don't know how many will show up to DC.
Immigration is not our right but at least, world should know the injustice.
Immigration is not our right but at least, world should know the injustice.
hot UConn#39;s Kemba Walker has some
gk_2000
04-19 11:21 AM
This is what my attorney told me:
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
Wounds, here comes ................ salt!
There is no requirement in INA regarding the number of years in degree.
ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)
They are likely to lose, if litigated against.. just saying
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
Wounds, here comes ................ salt!
There is no requirement in INA regarding the number of years in degree.
ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)
They are likely to lose, if litigated against.. just saying
more...
house UConn#39;s Kemba Walker could be
ashishgour
09-17 02:33 PM
Another amendment from the King.....
tattoo compared Kemba Walker and
absaarkhan
08-20 11:37 AM
All,
It is time to Re-Visit this Issue.
I am sure lot of People used Advance Parole to enter US.
I wanted to know if Anybody Successfully DID a H1B Transfer After
Entering US on Advance Parole??
I Remember Rajiv Khanna Confirmed that this is Possible.
But I would like to know first hand experience from the gurus who have done this successfully.
It is time to Re-Visit this Issue.
I am sure lot of People used Advance Parole to enter US.
I wanted to know if Anybody Successfully DID a H1B Transfer After
Entering US on Advance Parole??
I Remember Rajiv Khanna Confirmed that this is Possible.
But I would like to know first hand experience from the gurus who have done this successfully.
more...
pictures Kemba Walker announces he
Humhongekamyab
07-03 10:36 AM
THOSE ARE GOLDEN WORDS.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
This is a widespread problem.
I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
Just imagine $220 million as back wages in FY 2007 http://www.dol.gov/esa/whd/statistics/200712.htm
This is a widespread problem.
I have gone through the procedure and trust me it is easier than filling out your own tax return or for that matter I-765. All it needs is very basic information about the employer. Moreover when the DOL audits the employer on the basis of a complaint they don't give out the name of the person filing the complaint. They go to the employer's place of employment and tell him to show all the records for all the employees for the last five (I guess) years and if they determine abuse then everybody who was not paid gets his wages.
dresses Walker Declares For NBA Draft
burnt
07-15 07:42 AM
Signed
more...
makeup Jimmer Fredette amp; Kemba Walker
imh1b
01-21 01:37 PM
Anti immigration group targets all of the immigration. You can see numbersusa website. There are 2 reasons for the hate towards H1b and L1 program. Fraud and abuse is more in H1b. 20% was found by USCIS. Many fear it could be more. Mainly Indian bodyshopping and consulting companies are main reason. Another reason is many fear that H1b and L1 program is main reason outsourcing. Many big companies laid off US workers and did outsourcing to cut cost and they were asked to give Knowledge transfer to the onsite resources (those who are H1b or L1). Number of jobs in High skilled are very less (may be 2%) compared to low skilled in US. So they think 65k is more in percentage terms. US congress expects that H1b should be used only when no US Workers available. That is the reason there is no support at all at congress to increase H1b Cap. When they put a H1b restriction for TARP companies it was passed uniamously. So if we need EB reform just we need to disassociate or take neutral stand on H1b. They cannot remove H1b as it was with WTO.
AND WHO ARE YOU MR ANTI-IMMIGRANT?
Stop coming and posting in disguise. Don't you have anything better to do in life. Go learn some skills and find a real job. If you think your posts will do anything to us, you are mistaken. We will hate you guys more for your xenophobia
AND WHO ARE YOU MR ANTI-IMMIGRANT?
Stop coming and posting in disguise. Don't you have anything better to do in life. Go learn some skills and find a real job. If you think your posts will do anything to us, you are mistaken. We will hate you guys more for your xenophobia
girlfriend guard Kemba Walker figures
Miya Maqbool
01-31 05:51 PM
Just voted ^^^^^^^
hairstyles Kemba Walker of Connecticut Huskies to enter NBA draft, report says
amao
09-12 11:34 AM
Is it true that for a company w/ more than 100 employees, a statement letter from the CFO will be adequate as a proof for ability to pay? What info should the CFO be included in the letter?
I was so screwed by my lawyer in the LC process so I plan on DIY for the I-140 & 485.
I was so screwed by my lawyer in the LC process so I plan on DIY for the I-140 & 485.
intrudah
06-19 10:19 PM
for fun :rabbit:
http://revolutionz.net/ipod2wv.gif
(carpe diem)
http://revolutionz.net/ipod2wv.gif
(carpe diem)
s_r_e_e
03-18 05:50 PM
I found this only today.. I do not work for this employer since Jan 2008. On EAD now.. 46 days passed since the date mentioned.. not sure what is this about..
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 January 30, 2008, ...
I found out from prev employer that it was due to the H1 withdrawel petition..
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 January 30, 2008, ...
I found out from prev employer that it was due to the H1 withdrawel petition..
No comments:
Post a Comment