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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders

    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 You can also contact Consulate General Hyderabad at

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  • furiouspride
    01-12 01:23 PM
    dude.. stop spitting garbage especially when u dont know my situation

    If you were smart enough, you would have started a new thread and not use a thread titled 'USCIS - Annoncement its official'. You very well know the implications of raking up such sensational threads and if you do not, you should, going forward. Nothing personal bro. And hope your situation improves.

    Also, if it helps here's my story: I'm a 4.0 GPA grad from one of the best univs in the US. I have been in this country for 12 years now with more than 10 years of work experience. However, my title still says that I'm a programmer. Sucks right? Yeah, others around us will grow, prosper and succeed in life. Feels bad to be in our shoes. This is a choice that each one of us has made. However, that does not mean we vent out our frustrations on a public forum. Even if we do, we should use proper means. My 2c :)

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  • drona
    07-09 08:43 PM
    Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.

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  • FinalGC
    03-24 10:37 AM
    This is illegal, unless you agreed with your employer prior to joining them. They should have negotiated this prior to joining them. All H1 fees will need to be paid by employer.

    Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.


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  • miguy
    07-22 11:40 AM
    Please check my question in blue below


    Following is some clarification that I got from my Lawyer..

    1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

    a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.

    Is this true? So, you don't have to be in US during the entire process of I-485 application?

    2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

    a) An I-485 can't be abandoned simply because you left the USA

    3) Once we file 485 do we need to wait for the receipt before traveling abroad?

    a) No.

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  • RNGC
    02-12 10:03 AM
    How about we greet Obama on President's day ?

    Lets all send a Congratulations greeting card on the President day and mention "" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....

    Admins - Is this a good idea, can we make this a action item ?


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  • InTheMoment
    01-08 02:59 PM
    If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).

    First plan where changing it is priority..something like:

    > Financial (Banks, credit cards, brokers etc.)
    > US Govt Agencies
    Immigration (Since you have applied for AoS, might wait)
    IRS (will be changed with a new return)
    Local towns (only if necessary)
    DMV - License
    > Passport
    > Workplace

    then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.

    Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.

    SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.

    The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)

    Good luck !

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    10-29 11:00 PM


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  • java06
    03-09 11:23 AM
    Is there a way to find out if the employer has revoked I-140? I have changed employers in Feb and my I1-40 was approved back in June. There was an update on my I-140 recently in Mar. I was wondering what could that be for?
    Can anyone throw some light on this. Thanks

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  • Gravitation
    04-09 05:00 AM,8599,1607940,00.html

    President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.

    Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.

    But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.

    Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.

    Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.

    Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�

    It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
    For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.

    At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.


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  • Robert Kumar
    02-26 11:31 AM
    What happens if premium processing is done at this stage.

    Will premium be allowed in the 1st place, through:
    1. Same company.
    2. Different company.

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  • krucie
    03-16 02:42 PM
    Done. Can you answer the question now?


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  • jonty_11
    12-13 11:06 AM
    That is provided the dems are in pursuit of CIR.
    Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....

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  • anai
    06-20 08:48 AM
    When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.


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  • viva
    01-28 08:42 PM
    Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.

    Great- It sounds like at least one person joined.....Any more takers of this pledge?>

    Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?

    Let's do this one member at a time......

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  • gimme_GC2006
    08-10 05:50 AM
    alright..I came back without any problem.

    Immigration at POE (Dulles airport) was breeze, first officer said, " have parole letter".
    he checked something in the system and asked me to go inside..

    Took baggage..went into customs...where they sent me into another room.

    CBP officer took the AP..felt bad that I have been waiting since 2007 for < 5 mins, stamped and said, good are done.

    Thats it.


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  • piyu7444
    04-07 07:10 PM
    Hi Friends.
    I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
    Some tips if it may be helpful to others , that I recently expereinced

    1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
    2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
    3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

    All the best to everyone.
    Congratulations and thanks for the tips. This can be helpful to a lot of people.......

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  • dbevis
    January 20th, 2004, 11:07 PM
    Interesting. This is my first autofocus camera. Maybe I'm trusting autofocus too much? I'll try again with a smaller aperture and maybe do a manual focus. Maybe it's just a learning curve, but I have this camera with all of this automation and it seems that, more often than not, I'm shooting in manual mode and now considering using manual focus. With my AE-1 and A-1 bodies I rarely used the automated modes. I was hoping the 300D would be better, but it seems that when I use an automated mode I'm not happy with the settings it chooses. Do you folks with the professional cameras use the automated settings very often? How about autofocus?Or do I just need to get better at understanding the automated capabilities and use them properly.
    Thanks for the image feedback.
    As good as autofocus is, it is still "dumb" - it has no concept of what you WANT in focus. It just hunts down an area with a sufficient contrast gradient and locks onto it. The focus rectangles are only an approximation of the area evaluated by the AF logic, anyway. In fact, the target area is almost twice the size of the marker in your view finder.

    So it's not perfect, not foolproof. I almost always am in Av or Tv mode, occasionally M. I have yet to use the automatic modes with the little pictographs. When I know I need control of depth of field, I set the aperture in Av. When I know I need to freeze the action, I set the shutter speed in Tv. Sometimes, M is called for (like shooting a macro closeup with flash).

    The "crop factor" (a D60/10D/DRebel sensor that is 62% of a full-frame 35mm film body) only compounds the problem because the things that are out of focus are 1.6 timse bigger and therefore 1.6 times more noticable.

    The guy who coined the phrase, "Practice makes perfect" had to have been a photographer. :)


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  • horscorp
    02-06 07:37 AM

    My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:

    H1b start date: 01-Oct-2004
    Perm applied: Jan-2008
    Audited Twice: First time because of FRAGOMEN and second time asking for some documents
    Perm Status: Pending
    Original H1b expiration: 30-Sep-2010
    H1B extended because Perm has been pending for more than a year
    Current H1b expiration: 30-Sep-2011

    I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.

    In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.


    May 23rd, 2005, 08:18 PM
    I would suggest that a very slight amount of fill flash would make the eyes not be so dark. However, if you have a decent photo editing program, you could experiment with the "dodge" function to selectively lighten the eyes just enough to make them come out of the shadow, but not enough to be obvious. Also, consider attempting some "soft filter" attempts in said imaging program, to make the portrait more flattering (in other words, to subdue some facial imperfections).

    06-16 12:52 PM
    I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?

    Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?


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