Thursday, June 9, 2011

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  • 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??





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  • chanduv23
    01-04 12:01 PM
    Looks promising





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  • mhathi
    05-16 11:19 AM
    I have called all the members identified on the thread. They
    were all nice to talk to and most of them said that they were
    receiving a lot of calls regarding these bills. Many completed my
    request for me :D

    Let's all call and make these bills a reality.

    P.S. I also called Sen. Menendez regarding the Murray amendment but
    had to leave a voicemail.





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  • richana
    05-14 06:59 PM
    I would suggest councillor processing they're higher in the order than the counselor. But Do not try the consular processing because it's too hard to google it



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  • aadimanav
    08-31 11:54 AM
    I think we all should VOTE in this poll.





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  • go_guy123
    01-04 10:30 AM
    This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.



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  • aup
    09-28 06:26 PM
    Folks,

    My wife's first name has been misspelled on the Finger Printing notice as well as the I-485. My lawyer has advised me to reschedule the FP so as we can ask USCIS for the correction.

    I was wondering if any of you guys ran into the same issue and went for the finger printing anyways.

    If yes, please share your experience.

    Thanks,
    Aup





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  • GKBest
    11-04 12:25 PM
    A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.

    Hence, I guess, their typo correction system is a bit slow but it works!

    ISSUE RESOLVED!

    When did you or lawyer notify USCIS about the typo error? My lawyer also gave me a confirmation receipt # to correct the error but I still haven't received any letter saying that it has been corrected.



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  • H1InTrouble
    09-21 09:31 AM
    Hi
    Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.

    If my end client says No then my new employer will also probably back out because of lack of project.

    Regards
    H1InTrouble.





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  • nashim
    04-07 02:55 PM
    thanks gcisadawg,



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  • abhijitp
    01-18 01:35 AM
    > ***If you don't sign, that means no snacks
    LOL:-) Thanks for making my day!

    NORCAL, see you there on Sunday!





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  • PBECVictim
    03-13 10:35 AM
    Champu,

    Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.

    Thanks.

    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)



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  • thomachan72
    06-10 11:45 AM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-

    1. How long does it take to get the i140 approved?
    (Regular/Premium)
    Premium should get it done in less than one months
    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
    Once the 140 is withdraws things can become problematic. It is not very safe as per my limited knowledge
    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
    copies of previous approvals
    5. Does the new job need to be the same title and job requirements as the old one?
    absolutely yes





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  • solaris27
    03-12 10:16 AM
    Congratulations



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  • tonyHK12
    02-19 01:19 PM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.

    Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.

    @Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.





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  • windycloud
    09-04 01:17 PM
    That would be sweet I guess. My PD is Oct. 07. :)



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  • REEF�
    06-06 05:21 PM
    Nice work vd...lol I only see one path...





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  • desi3933
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.


    The questions should be
    1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
    2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?



    ________________________
    Not a legal advice.
    US citizen of Indian origin





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  • gk_2000
    03-31 01:39 PM
    Forget this Crab story...it�s a crap story written by one idiot followed by other idiots only when its adding value for their argument.


    You were one of them, if I remember right..

    However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.

    When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D





    jonty_11
    03-02 02:27 PM
    Exception 4 - have a question around this statement: For German transit VISA

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    do not need transit VISA.

    Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
    Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
    never mind - Exception #3 covers it..





    chanduv23
    09-14 12:23 PM
    All the more reason to come, by now, alomst every employer knows about IV and what we do.

    Everyone knows that you browse IV anonymously with the fear of getting noticed by employer.

    There is nothing to hide. Be proud of whatever you are doing.

    IV comprises of people like you and me.

    Yes, follow your heart, nothing wrong will happen, only good will happen.

    Shed off all your ill thoughts and negative feelings, come join us to the hsitoric event



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