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02-02 03:57 PM
Why Is H-1B A Dirty Word?
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
jkays94
05-04 02:17 PM
COOPER: Along the gulf coast today, First Lady Laura Bush was a very big hit. The one-time librarian zeroed in on an enormous need. Katrina destroyed library collections throughout the region. Mrs. Bush came with a gift of half a million dollars from her foundation's gulf coast library recovery initiative. CNN's John King caught up with her. They talked polls, anthems and immigration.
(BEGIN VIDEOTAPE)
KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.
LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.
KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?
BUSH: Well I think it should be sung in English, of course.
KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.
KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?
BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.
KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.
BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.
(BEGIN VIDEOTAPE)
KING: One of the debates in the country right now is about immigration reform, illegal immigration. And one of the controversies is this new Spanish language version of the national anthem. Your husband the president said he thinks it should only be in English. But if you go to the State Department website, you can find it in I think four languages. Secretary Rice said she's heard a rap version of the national anthem.
LAURA BUSH, FIRST LADY: We've all heard a lot of different versions like at the Super Bowl every year. I don't think there's anything wrong with singing it in Spanish. The point is it's the United States' national anthem. And what people want is it to be sung in a way that respects the United States and our culture.
KING: Is that an issue on which you disagree with your husband, he says it should be sung in English?
BUSH: Well I think it should be sung in English, of course.
KING: But you also said it -- BUSH: But you know it's like reading hymns in the hymnal. I love it when I look at the bottom of "Amazing Grace" and there are the words in the Methodist hymnal in Swahili. I think that's great.
KING: Another by product of these demonstrations has been crowds of tens of thousands, many of them holding the Mexican flag. Even supporters of their cause say they find that offensive. That it's the United States of America, if you want rights, if you want status in the United States of America, don't be waving a Mexican or an El Salvadorian, some other country's flag in our face. Do you agree with that?
BUSH: I think this is a very, very sensitive issue that immigration is. A lot of people have stood in line for a long time and done everything they can do to be accepted as legal citizens of the United States. And it's unfair to think that other people will have the chance to get in front of them when they've abided by the rules.
KING: As you know, voter anger, the country's anger at what they perceive to be a slow federal response is one of the reasons your husband's poll ratings have slumped considerably. He's now in the mid-30s in most poll ratings. They're using the term in Washington, many are, "lame duck." He can't like that.
BUSH: No I'm sure he doesn't like. I don't like that either, obviously. When you're elected for a second term, and there are term limits, then of course you start off in some ways as the lame duck. I still know that my husband's going to be very effective and has been very effective and that his agenda that he ran on in the last election in 2004, he will be able to get through. We have a lot of problems. We have -- there are a lot of challenges facing our country. Besides, obviously, this major challenge of the devastated gulf coast.
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trance
07-20 09:38 PM
Hey Dealsboy & Pagal,
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
more...
solaris27
02-24 01:26 PM
i don't know but he put it there
David C
November 25th, 2005, 01:11 AM
Both compositions have different things going for them - I think I lean slightly towards the dark one... Though I also feel the first one would have looked better to me if it had been a bit sharper in the centre (and the second, which does seem sharp enough at the top of the bloom, if the DOF had been a little wider) ??
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ganguteli
06-12 06:40 PM
Hi, Now what are my options going forward and how does this affect my chances of a successful SPERM filing ??
Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D
Stop drinking too much beer and lazing around. Go and upgrade your skills and sperm count. Only then you can do a a successful SPERM filing :D
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bluekayal
02-25 05:21 AM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
more...
tdasara
08-17 11:03 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
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chanduv23
01-24 10:39 PM
Come on folks, volunteering and support is the need of the hour - silence is not the solution
more...
cha79
06-05 03:22 PM
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
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rangakutta
02-10 11:24 AM
Hi ,
I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.
Please advise !!!!!!!!
Thanks
I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.
Please advise !!!!!!!!
Thanks
more...
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chanduv23
04-27 10:44 PM
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
This is your own theory.
In reality there is no consistency.
This is your own theory.
In reality there is no consistency.
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rkrishna123
10-17 02:52 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
more...
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atul555
12-14 10:57 PM
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
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srikanthmavurapu
08-16 03:53 PM
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
Thanks for the advice. I also told him that i will complain to DOL and USCIS but no response from him he asked for compensation but i didn't agreed on it . Now, I am in process of complaining to DOL and they are saying that the case is in court so now i am searching for a lawyer in virginia.
Thanks,
Srikanth
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
Thanks for the advice. I also told him that i will complain to DOL and USCIS but no response from him he asked for compensation but i didn't agreed on it . Now, I am in process of complaining to DOL and they are saying that the case is in court so now i am searching for a lawyer in virginia.
Thanks,
Srikanth
more...
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webm
03-19 02:32 PM
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
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immi_seeker
10-02 10:02 AM
just spoke with someone yesterday whose PD was april 2005. he files 485 in september 2005 before eb2 retrogressed.
he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
anyone can explain that please?
PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd
he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
anyone can explain that please?
PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd
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hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
h1bemployee
02-26 10:41 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
srkamath
07-12 08:52 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!
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