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  • gchandu
    04-13 08:31 AM
    Hi dammu

    Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....

    Thanks
    Chandu

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?





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  • freddy22
    07-17 06:52 PM
    There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.

    And why is that?
    The misdemeanors could be NOT CMT....only CMT crimes are deportable or serious felonys right?
    If the crimes are not crimes of moral turpitude then they are not deportable under immigration law?
    Please explain your viewpoint as to why you think they would deport someone with a record of misdemeanors that are NOT CMT





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  • chanduv23
    05-21 01:14 PM
    Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??

    Carry ur passport and h1b ddocument - DL is not enough





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  • morchu
    05-22 01:15 AM
    You can gain passive income.
    You cannot materially participate in the operations of the firm (employee).
    A member not necessarily be materially participating in the operations of the firm.
    Income from profit on an investment is passive.



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  • gcnirvana
    10-25 05:31 PM
    Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
    Go figure...:confused:





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  • maacho
    02-13 01:47 PM
    H1B or not to Be is the question ?

    join IV for the answers ;)



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  • desi3933
    04-02 01:02 PM
    .....
    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....


    Three things here -
    1. For eb-2, bachelor degree must be "single degree" and not a combination.
    2. NIIT is not a recognized diploma in India and therefore has no value.
    3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.

    Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.

    You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.


    ________________
    Not a legal advice.





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  • go_guy123
    03-19 08:55 AM
    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.


    That is true...it purly show of politics. US Constitutional amendment
    is extremely difficult.



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  • ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?





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  • eb2_mumbai
    10-20 09:35 PM
    First of all I am not going to judge you by your actions because I do not know the full story of why you did it.

    Now coming back to your question. There are few things you need to do.
    1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you

    2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.


    My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.



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  • sundar99
    05-03 10:01 AM
    Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.

    They are organising a counter protest against Illegal Immigrants rally :

    Amnesty foes respond

    http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm





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  • tnite
    06-19 09:41 AM
    Part 2 application type
    I use EB3 , which one should I check? a ?
    my wife file with me, which one should she check? b?

    part 3 processing information
    were you inspected by a US immigration officer? yes or no

    what does the "inspected" mean?

    You shld check a , if you're the primary applicant
    you wife shld check b

    yes, everyone who gets a stamp and comes through port of entry and gets stamped , questioned is inspected by a US immigration officer



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  • ram_ram
    10-01 09:43 AM
    The backlogs at DOLS's found a solution..PERM. Similarly premium processing was introduced for I-140's. I think now it's time to move the Departments and courts to find a more efficient Security/Name check process. If not USCIS will continue to loose tons of visa numbers every year. Though USCIS has 26 k cases that has the visa number available,
    many of them are struck with FBI. Any movements or actions?

    Successfully Challenging USCIS Delays in Federal Court
    On September 10, the Los Angeles Times featured an article about how FBI name checks have been slowing down the process of gaining immigration benefits for hundreds of thousands of applicants.
    The article revealed that "nearly 320,000 people were waiting for their name checks to be completed as of August 7, including more than 152,000 who had been waiting for more than six months, according to the U.S. Bureau of Citizenship and Immigration Services. More than 61,000 had been waiting for more than two years."

    The American Civil Liberties Union (ACLU) has filed a lawsuit in federal court regarding this issue. The Times article quotes an ACLU attorney who stated that "there is nothing in immigration law that says that a citizenship application should take two, three, four years. That's absurd. People who have not been any sort of threat ... have been caught up in this dragnet."

    Applicants for adjustment of status, citizenship, extensions of stay and many other immigration benefits have taken days off work to visit USCIS offices only to be told that the USCIS can do nothing since the name check process is in the hands of the FBI.

    Nor do letters and meetings with Senators and Members of Congress yield results. They receive polite letters from the USCIS' Congressional Liaison Unit to the effect that "Sorry, but this is FBI's problem, not ours."

    DHS Secretary Chertoff announced that his Department is meeting with the FBI (which is part of the Department of Justice) to work out a more efficient system of processing these name checks, but so far, the number of people waiting for results from the FBI continues to grow and grow.

    The problem exists for applicants from a wide variety of countries and affects Christians, Moslems, Hindus, Sikhs, Jews, etc.

    Our solution is to sue both the USCIS and the FBI in Federal Court. Most Federal Judges are not reluctant to order the FBI and the USCIS to complete their name checks and application processing by a date certain.

    Many applicants have turned to litigation as the one and only method of solving the name check problem. The numbers of such lawsuits have increased from just 680 in 2005 to 2,650 in 2006 to over 4,100 this year. Although there is no guarantee of success, our law firm has yet to lose one of these cases in Federal Court.

    The Times article concludes with a quote from me:

    "There is only one thing that works, and that is suing them in federal court."

    We link to the Times article, "Caught in a Bureaucratic Black Hole" from


    http://www.truthout.org/docs_2006/091107P.shtml

    We also link to AILF's new practice advisory entitled "Mandamus Jurisdiction over Delayed Applications: Responding to the Government's Motion to Dismiss" from

    http://shusterman.com/toc-dpt.html#A1





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  • saimrathi
    07-03 09:21 AM
    Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
    Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
    If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
    What are we afraid of? its not the lack of issues, its the lack of resolve
    Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios

    I hope you get a day off from work for doing that..



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  • smisachu
    08-04 09:41 AM
    mee too!





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  • indigokiwi
    04-15 12:06 PM
    Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??

    Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
    (Or search for "Immigration Voice Grassroots Campaigns and the community
    will show up on the search list).



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  • gcdreamer05
    01-29 11:57 AM
    Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....





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  • GCapplicant
    07-21 02:07 PM
    Misha,

    Even I did not receive my AP ,which I applied last year july 2007.
    Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.

    she made us wait for almost 2 1/2 hours.
    Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.

    She gave our AP for me and my wife right away.

    So I advice you to take Info pass and check.Ap what I received was in paper.





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  • copsmart
    06-16 07:23 PM
    Thanks for the update! Congrats!

    By receipt date do you mean "received date" or "notice date"?

    Was there any SLUDs prior to the CPO?

    Receipt date 5/13 WAC receipt
    Card production ordered : 6/16





    aaaa4321
    08-31 03:02 PM
    Thanks to all of you for explaining the real thing.





    saro28
    10-20 01:55 PM
    Not True, We submitted the Birth Certificate obtained from Indian consulate here in US and One of the GC got approved recently. In my opinion the Birth Certificate from Indian Consulate is sufficient



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