sankar_203
08-04 02:51 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
May be
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
May be
3. If so how would I approach from here?
Consulting with an attorney
4. Has anybody similar experiences with their employers?
yes me and my friend did
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
Not at all advisable..patience is virtue in this matter..
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
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Mayday
04-03 07:21 PM
You may be rejected to re-enter, as well as you may have your green card application declined based on this unlawful presence.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
garybanz
09-26 04:19 PM
Which number did you call to get the recipt numbers? What info did you have to provide?
Thanks.
Thanks.
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roseball
08-03 07:49 PM
If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
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Jubba
09-04 08:23 PM
heres another way to do it
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yabadaba
02-13 12:53 PM
Do you hate lies like this? "Leprosy in this country. Incredible" - Lou Dobbs
Do you hate that your child is now called an anchor baby?
You are stuck in backlog limbo - What are you going to do about it macaca?
Do you hate that your child is now called an anchor baby?
You are stuck in backlog limbo - What are you going to do about it macaca?
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bestofall
07-30 12:19 PM
URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
--------------------------------------------------------------------------------
House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.
Majority Members (Democrats)
Member Name DC Phone
Luis V. Gutierrez (D-IL) 202-225-8203
Howard L. Berman (D-CA) 202-225-4695
Sheila Jackson-Lee (D-TX) 202-225-3816
Maxine Waters (D-CA) 202-225-2201
Bill Delahunt (D-MA) 202-225-3111
Linda T. Sanchez (D-CA) 202-225-6676
Artur Davis (D-AL) 202-225-2665
Keith Ellison (D-MN) 202-225-4755
Anthony Weiner (D-NY) 202-225-6616
Minority Members (Republicans)
Member Name DC Phone
Steve King (R-IA) [Ranking Member]202-225-4426
Elton Gallegly (R-CA) 202-225-5811
Bob Goodlatte (R-VA) 202-225-5431
Dan Lungren (R-CA) 202-225-5716
J. Randy Forbes (R-VA) 202-225-6365
Louie Gohmert (R-TX) 202-225-3035
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geesee
07-27 10:59 AM
By the way, added rep to you for a nice job!
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vkannan
03-12 11:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
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indio0617
04-06 11:03 AM
Wonderful Summary !
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Thanks...
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pushkarw
12-21 01:53 PM
You are a Ray of light my friend. We need more like you to make this place brighter!
Thanks for asking Pushkar. I did.
Thanks for asking Pushkar. I did.
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vikram_singh
07-27 01:02 PM
Wow, never thought you people would like it:-)
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
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house Statue Of Liberty Facts Pictures
Joey Foley
May 17th, 2005, 06:55 AM
There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
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rustamehind
08-03 05:06 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
more...
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PALLO
04-20 03:45 PM
Hello Everyone!
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
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seaken75
10-09 01:35 PM
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p.guptapost
06-04 10:09 AM
Hi,
We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?
Pl. let me know.
We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?
Pl. let me know.
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kumar1
07-20 11:20 AM
Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.
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satyasaich
09-05 11:48 AM
For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
apb
09-14 06:52 PM
I missed out on this one...
gc4me
02-09 10:17 AM
You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
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