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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders
    http://hyderabad.usconsulate.gov/h1b.html

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.


    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.





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  • longwait4gc
    02-23 04:58 PM
    Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
    Yes you can start PERM but make sure you negotiate this condition before accepting their job.

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
    If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks





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  • bhatt
    02-06 05:36 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you

    No You do not transfer H4. There is no tranfer for H4!. The h4 will be valid still the I-94 validity provided H1 is in status.
    - I am not sure about the 2nd Question.





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  • rolrblade
    07-26 06:53 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks

    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document
    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.



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  • subba
    01-04 03:57 PM
    Is there a place the membership number is shown?

    So we are over 8000 strong. Lets target 10,000 by Jan 15?





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  • ragnarok
    07-19 08:51 PM
    Thanks for the response.

    My Priority Date is:

    March 16, 2001.


    What can you guys tell me?



    Thanks.



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  • indi0818
    03-07 12:25 PM
    People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.

    Thanks in advance guys.





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  • zCool
    04-02 02:24 PM
    good luck, keep us posted here of any updates



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  • lostinbeta
    11-17 11:47 PM
    HAHAHAHA......lol. That is friggin weird :P





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  • k_usa
    12-01 12:42 PM
    Same with me. Mine is also H1 extension with VSC.
    My notice date is 10/31/08 and RD is 10/28/08

    Hello Everyone,

    My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.

    When I do the case search on USCIS.gov site, it says:

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."

    I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.

    Thanks


    PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.



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  • amitjoey
    07-10 12:31 AM
    Waiting for your report anxiously, wish there were more people.





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  • MightyIndian
    10-23 01:58 PM
    The new US consulate in Hyderabad starts functioning from 10/24. However it starts visa services only in December.
    http://timesofindia.indiatimes.com/Cities/Hyderabad/US_Russian_consulates_in_city/articleshow/3630605.cms



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  • gcgreen
    10-08 02:37 PM
    You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.

    If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.

    To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.

    I am not a lawyer, and the above is my common sense understanding.


    One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...





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  • lostinbeta
    09-09 09:33 PM
    My Flash Footer uses PNG images made in Photoshop. I don't see any distortion or stretching and it didn't boost my file size up too much.

    Illustrator is good, I haven't had much chance to work with that though. Maybe I will get that sooner or later.



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  • manfrmind
    04-01 02:11 PM
    Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?

    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================





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  • GB2India
    08-18 08:56 PM
    Can you apply for AC21 for a normal promotion progression from analyst to manager....the job is same but the manager job has additional managerial responsibilities.



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  • joydiptac
    05-12 02:28 PM
    Hi Gurus please advice,
    My 140 was approved in 2007 ,but today i got email from USCIS ,

    Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Case Transfered to Another Office for Processing

    On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


    Any idea, what would be the possible reason for this? Please advice.
    BTW I recently applied for EAD extension.

    I suggest you call the number given. Seems to me there was a mistake.

    I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
    I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.





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  • kondur_007
    10-16 04:29 PM
    Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
    For AC21 I think I will need to match following:

    1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

    2. Start date/salary/position title

    3. Any Benefits if provided.

    Do I need any document from sposerer employer? Do I need anything else?
    Thank you and I appriciate your help.

    You are welcome.

    If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
    The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
    Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".

    Good Luck.





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  • americandesi
    03-01 06:56 PM
    Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move

    Here's the link from CIC Canada on residency obligation

    http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

    If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.

    When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.

    Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.

    Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!





    lost
    01-27 02:01 PM
    congratulations!





    eb3retro
    04-09 01:01 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.


    congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.



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