anancish
07-26 07:15 PM
My question involves employment and labor law for the state of: CA
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
I have worked with a company on h1b from 1st jul to 12 nov in 2007 on h1b visa. They did not pay me for last 45 working days. My employer is telling about the following clause in in my offer letter:
SALARY: You will be paid an amount equal to a 70% basis of your bill rate based on the understanding that you will work with us for a period of at least one year. If you leave Company before completing 1 year of employment your compensation will be adjusted to a $55,000 per year basis and the excess amount paid to you will be deducted from the last two months of your salary.
Please let me know whether this is legal to have this kinda clause in offer letter. Is there any way to get my salary?
Thanks much!
wallpaper Funny Chicken and Cow Egg
floridasun
12-30 09:45 PM
thats the problem.... I cannot switch to another job as I am in the 7th year of H1B and I-140 approved but did not apply for I-485 yet. friends told me its risky to switch jobs now as I may be out of status.
chanduv23
07-10 09:50 AM
Don't select a lawyer just because they have a website.
Having a website does not mean they maybe really good in immigration law or customer service to their clients. It only means they know how to market themselves.
That is right. It is very difficult to judge. But the question is all about choice.
Who is good and who is not?
Who do we ask?
Can we ask USCIS?
Having a website does not mean they maybe really good in immigration law or customer service to their clients. It only means they know how to market themselves.
That is right. It is very difficult to judge. But the question is all about choice.
Who is good and who is not?
Who do we ask?
Can we ask USCIS?
2011 stock vector : funny chicken
apnair2002
04-11 06:04 PM
>>>>>>>
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gcpadmavyuh
03-17 12:06 PM
Sahaayam:
My personal advice - you should consult with an experienced attorney with the specifics of your case. This is not a very typical case, and what you hear on this forum may not be very useful for you.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
My personal advice - you should consult with an experienced attorney with the specifics of your case. This is not a very typical case, and what you hear on this forum may not be very useful for you.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
chanduv23
05-13 12:33 PM
Sorry to hear about such cases. We all have to realize one thing here. The employers need us equally bad as we need them (more often than not, not talking about Indian consultancies here). If ever one encounters such racial discrimination and open abuse at the work place, the best recourse is to file a complaint with the higher ups in the HR, start searching for another employer and ditch the current racist employer at the right moment with an appropriate email sent to everyone detailing why the person is leaving at such an important phase of the product development. Yeah, this might sound un-ethical, but sometimes situations do demand such drastic measures to send the right message. That's when all these racist employers would realize the importance of the person that just left the company. Then they can try to fill in the position with their preferred race qualified person and see how difficult that gets!!
Better still, please talk to your friends and family in other parts of the US and find the areas in the US that are cosmopolitan and try to move to those places. Yeah that is very difficult in the short-term, but in the long-run, you would have peace of mind and a good quality of life after making such a move. Fortunately, i am in the Bay area and i have rarely encountered such racial prejudices out here. Just my two cents.
Good luck.
I did the same thing. I was under racial attack and complained to the HR, was on my 6th year of h1b. I did not get any justice, the HR was also having the same opinion, was talking about Indians in the company on h1b and all issues associated the and she said she has 14 years of experience dealing with this and knows how to fix this problem. I was kicked out of the company. No look back at all. I pleaded, told her I will take back my complaint and will not complain but no use. They terminated my employment and could never never fill that position again, but the company did not survive for long though.
I moved to desi consulting after that and things started going a lot better with a understanding employer and I am doing better now.
Fellas - watch out, especially those working in BPO etc.. where they have to deal with abusive clients...
Recently, I stopped taking all these racial comments in a serious way, 2 days back my co worker made comments on how my "curry smells" when eat at my desk. My wife wakes up early in the morning and cooks the food with so much love and affection and I eat that, whereas he eats burgers and fries from cafeteria - look at who is commenting??????
Better still, please talk to your friends and family in other parts of the US and find the areas in the US that are cosmopolitan and try to move to those places. Yeah that is very difficult in the short-term, but in the long-run, you would have peace of mind and a good quality of life after making such a move. Fortunately, i am in the Bay area and i have rarely encountered such racial prejudices out here. Just my two cents.
Good luck.
I did the same thing. I was under racial attack and complained to the HR, was on my 6th year of h1b. I did not get any justice, the HR was also having the same opinion, was talking about Indians in the company on h1b and all issues associated the and she said she has 14 years of experience dealing with this and knows how to fix this problem. I was kicked out of the company. No look back at all. I pleaded, told her I will take back my complaint and will not complain but no use. They terminated my employment and could never never fill that position again, but the company did not survive for long though.
I moved to desi consulting after that and things started going a lot better with a understanding employer and I am doing better now.
Fellas - watch out, especially those working in BPO etc.. where they have to deal with abusive clients...
Recently, I stopped taking all these racial comments in a serious way, 2 days back my co worker made comments on how my "curry smells" when eat at my desk. My wife wakes up early in the morning and cooks the food with so much love and affection and I eat that, whereas he eats burgers and fries from cafeteria - look at who is commenting??????
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baburob2
01-10 11:20 AM
just wondering how much % of commission does paypal take for the transaction. if it is more i rather would prefer sending through check.
2010 Don#39;t Be A Chicken
belmontboy
05-22 08:34 PM
I just saw the May processing dates.
I printed it out and used it to wipe my backside, then flushed it down the toilet.
make sure the printout doesnot cause a "backlog" in the toilet :p
I printed it out and used it to wipe my backside, then flushed it down the toilet.
make sure the printout doesnot cause a "backlog" in the toilet :p
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tikka
06-25 12:47 PM
IV members have saved all of us a lot of money on attorney phone calls, getting answers to medical test questions and other general questions. Please contribute to IV so that we can keep this effort going. While everybody is busy collecting documents and paperwork for 485, core IV again is doing their personal paperwork and + lobbying.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
Please contribute, especially if you are new and never contributed. Please do not be a freeloader and get your questions answered and run away.
hair Wholesale Funny Chicken
for_gc
06-23 04:16 PM
I filed my I485/EAD/AP on August 7, 2007. Does this mean that I do not have to pay any fee for EAD renewal now ?
The instructions say this -
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
The instructions say this -
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
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gsc999
09-22 01:06 PM
>>>>-sending more flowers
please.. enough of flowers..
>>>>-a huge rally in Silicon Valley
Now you have seen what goes and does not go into a rally. This is a complicated task so it has to be planned, as was the DC one.
>>>-candlelight vigil at congress
This will work if high school students do it. not "highly skilled" immigrants.
>>>>-mass letter mailings from all of us
Yeah.. spam them with emails..
>>>-human chains
This involves same complexity as the rally. so its not an easy task.
>>>-hunger strike?
This will be stupidity. ( I am not calling you stupid, but the idea. so no need to jump on me). Eat your food and live healty and happy. Is GC worth going on hunger strikes and suicide attempts? Thats too much of desperation. You are not from Afghanistan or Kenya right..?
>>>-etc
What else?
Oh yeah.. the "drain stoppers" stuff.. thats again stupid. Thats too much literal comparison to brain drain.
----
Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)
I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
Lets hear em.
please.. enough of flowers..
>>>>-a huge rally in Silicon Valley
Now you have seen what goes and does not go into a rally. This is a complicated task so it has to be planned, as was the DC one.
>>>-candlelight vigil at congress
This will work if high school students do it. not "highly skilled" immigrants.
>>>>-mass letter mailings from all of us
Yeah.. spam them with emails..
>>>-human chains
This involves same complexity as the rally. so its not an easy task.
>>>-hunger strike?
This will be stupidity. ( I am not calling you stupid, but the idea. so no need to jump on me). Eat your food and live healty and happy. Is GC worth going on hunger strikes and suicide attempts? Thats too much of desperation. You are not from Afghanistan or Kenya right..?
>>>-etc
What else?
Oh yeah.. the "drain stoppers" stuff.. thats again stupid. Thats too much literal comparison to brain drain.
----
Ok, now that you have negated all ideas from other people, we anxiously wait for your ideas :)
I am sure you are not just some reactive person who can only criticize but can also provide us with a solution.
Lets hear em.
hot Re: funny chicken pics ends
pappu
05-31 10:09 AM
FAQs for Dc advocacy days
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366
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house funny_chicken.
CADude
05-28 02:37 AM
GOOD ARTICLE FROM WP.COM EYE OPENING..
What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:
http://www.msnbc.msn.com/id/18899687/
We have to let congress know about this scam.
What ever we will do USCIS will never finish Backlog... THIS IS CALLED SCAM. :mad:
http://www.msnbc.msn.com/id/18899687/
We have to let congress know about this scam.
tattoo funny pictures of cats with
gcnotfiledyet
02-25 11:35 AM
[QUOTE=h1techSlave;320723]wasn't the flower campaign an 'effort by IV'?
Any way, I think you don't need IV's (for that matter any organization's support) to file a law suit. If you think USCIS is breaking the law, you can file a law suit with the help of a lawyer. A couple of $100 is all that would cost you.
It is silly to think filing lawsuit will cost $100. If I could do it myself I would have done it already. Filing potential successful lawsuit requires successful attorney to prove out a point. They are familiar with laws and their interpretation. They are good at explaining those interpretations. They do it day in and out. My job is not to file is lawsuit. I leave that to pros.
Somebody will be foolish to think I don't IV. I need IV now more than ever. IV has establisehd a base and some sense of direction of where to go. Why would I want to start myself and re invent this wheel? IV has base with support of members, access to lawyers, voice in the world where I am just a pawn etc.
Any way, I think you don't need IV's (for that matter any organization's support) to file a law suit. If you think USCIS is breaking the law, you can file a law suit with the help of a lawyer. A couple of $100 is all that would cost you.
It is silly to think filing lawsuit will cost $100. If I could do it myself I would have done it already. Filing potential successful lawsuit requires successful attorney to prove out a point. They are familiar with laws and their interpretation. They are good at explaining those interpretations. They do it day in and out. My job is not to file is lawsuit. I leave that to pros.
Somebody will be foolish to think I don't IV. I need IV now more than ever. IV has establisehd a base and some sense of direction of where to go. Why would I want to start myself and re invent this wheel? IV has base with support of members, access to lawyers, voice in the world where I am just a pawn etc.
more...
pictures funny chicken farmer. reply
bugsbunny
04-21 02:19 PM
Exactly! This person is making her parents go back and forth every six months, but wont consider moving back home and post such stupid questions and asks why don't create a new visa category?? Ask her if she will go meet lawmakers for this??
Please watch your language. Its a valid question. If you and your spouse have good jobs here and children are in school....moving back to support your parents may not be so feasible both economically and also for many other reasons. If you don't have useful and helpful suggestions to relieve the problem then please refrain from making attacks and have respect for others. you don't fully know or understand the person's circumstances
Please watch your language. Its a valid question. If you and your spouse have good jobs here and children are in school....moving back to support your parents may not be so feasible both economically and also for many other reasons. If you don't have useful and helpful suggestions to relieve the problem then please refrain from making attacks and have respect for others. you don't fully know or understand the person's circumstances
dresses funny chicken pictures
pointlesswait
01-15 09:56 AM
it may get by.. if they make it 10 years.. then the chances of this bill passing will increase...
What argument will they have for ppl who have been waiting for 10+ years to get a GC.. ;-) (and they should be outside the quota..)
Thanks for your precious vote of confidence :D and your endorsement of my logic.
You've been waiting 6 years .... How about 6 more? If this thing passes in a similar form, would you rather again re-apply in a current category (that will not retrogress) or wait in your own (Eb2-Eb3) category for another 6 years (since that is probably how long it will take for the USCIS to process your app once the flood gates open)?
I've been here a looong time, though I started my GC processing only in 2005. I recently got laid off which is why I now have the time to check developments in the immigration world.
Peace out!
What argument will they have for ppl who have been waiting for 10+ years to get a GC.. ;-) (and they should be outside the quota..)
Thanks for your precious vote of confidence :D and your endorsement of my logic.
You've been waiting 6 years .... How about 6 more? If this thing passes in a similar form, would you rather again re-apply in a current category (that will not retrogress) or wait in your own (Eb2-Eb3) category for another 6 years (since that is probably how long it will take for the USCIS to process your app once the flood gates open)?
I've been here a looong time, though I started my GC processing only in 2005. I recently got laid off which is why I now have the time to check developments in the immigration world.
Peace out!
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makeup Great Gift Funny Singing Cluck
srinivas_o
07-09 12:34 PM
I do have the Employer and Attorney details. I searched based on that. Reg, case number, which case number we have to use, the backlog center number or any other number? I do have a copy of the approval letter received from backlog center.
Let me know what else I can do?
How are you trying to locate your record? Do you have your case number handy? Employer details, priority date - all that helped me find mine (rather helped me narrow it down).
Let me know what else I can do?
How are you trying to locate your record? Do you have your case number handy? Employer details, priority date - all that helped me find mine (rather helped me narrow it down).
girlfriend funny-chicken
satish_hello
08-22 10:56 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
- satish
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
- satish
hairstyles stock photo : Funny Chicken
eb3retro
10-14 11:09 AM
this whole thing sucks. USCIS cannot adjudicate even I-131 on time. We have booked our travel tickets after 100 days of Received date of AP renewal application and looks like we have to cancel our tickets and waste $1800. This really blows and its attrocity to the core that USCIS cannot process AP renewals inside 90 days time period and its a shame that they are not answerable to anyone.
Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.
Please post your info-pass experience. We are in the same boat. My wife's AP is pending since 6th June 2010.
vedicman
03-10 09:22 AM
IV community, do you think there is anything we can learn from the Wisconsin gatherings??????????? They are able to mobilize 50,000 people or more in a matter of hours and days. IV campaign for 200 people is running for over a month! And as per the core team, we are yet to reach that number...............
BTW, before anyone takes up arguments over WI issues, you are focusing on the wrong issue. I am only interested in the number of people that are mobilized, and why is it that we cannot do the same.
Why is it a letter/FB/twitter can generate thousands of people to come out and protest, while the same newsletter/FB/twitter has had such a poor response for us. Are we not motivated enough? Or do we not actually care for the GC? Or do we get pleasure in just complaining? :confused: :mad:
BTW, before anyone takes up arguments over WI issues, you are focusing on the wrong issue. I am only interested in the number of people that are mobilized, and why is it that we cannot do the same.
Why is it a letter/FB/twitter can generate thousands of people to come out and protest, while the same newsletter/FB/twitter has had such a poor response for us. Are we not motivated enough? Or do we not actually care for the GC? Or do we get pleasure in just complaining? :confused: :mad:
sri1309
03-19 01:44 PM
You really cannot ask for more EB3 numbers or 'treat EB-3 fairly'...Laws are made by the congress and they provided certain numbers to each country & category. USCIS has to follow these norms and apply those numbers and USCIS has followed the rule and have applied the allocatd numbers to EB-3. Problem is not that they are treating us differently or we are getting an unfair treatment. The problem we are facing is because we are just too many in number and the problem is Congress didn't make any laws to provide relief to people if one country or a category becomes hugely backlogged...unfortunately, the Last time they did any law for EB immigrats, it was in 1999 or 2000 when they brought AC21. Since then there has been huge surge in immigration but everytime anything immigration related legislation was brought in congress, it has been shot down..In my opinion we can get relief only if congress acts upon it, USCIS is working the way there were tld by the congress
Simple math can easily prove most EB3s will NOT get the GCs even in 20 years. And I'm sure the concerned may want to modify it so as to make it more efficient.
Isnt it a shame that a greencard holder cannot get his wife immediately wheras H1s and others can. They have to be told very loudly. If we get used to this, then yes, there is no problem. I'm very sure immigration debate will come up in 2-3 months or later. Then 500,000 legals are nothing compared to 12 million. So lets make a strong case and educate people.. Thats my only point which some differ with me and dont want to act..
If it will be shot down, so be it, but lets make the case stronger by doing all that we can.
Simple math can easily prove most EB3s will NOT get the GCs even in 20 years. And I'm sure the concerned may want to modify it so as to make it more efficient.
Isnt it a shame that a greencard holder cannot get his wife immediately wheras H1s and others can. They have to be told very loudly. If we get used to this, then yes, there is no problem. I'm very sure immigration debate will come up in 2-3 months or later. Then 500,000 legals are nothing compared to 12 million. So lets make a strong case and educate people.. Thats my only point which some differ with me and dont want to act..
If it will be shot down, so be it, but lets make the case stronger by doing all that we can.
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