sanju
11-27 11:36 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
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Saralayar
09-24 12:45 PM
After 09/18 I got NUD almost everyday until today
Now NUD = No Updates to Date ..... :o
Good One.. :D
Now NUD = No Updates to Date ..... :o
Good One.. :D
chanduv23
10-13 08:55 AM
This is an excellent piece of article and the comments are even better. Very good work Jaime.
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
I noticed this too. It is a wonderful idea to title threads appropriately
It is my observation that when we do Google search for a topic on immigration, if our search words match with the titles of our posts in any thread, the serach shows our threads. I observed this with my "AC21 Update" post. Now when I do Google search on words "AC21 Update" the first result displayed is my thread. :)
That means if we cleverly design our thread titles, our threads would be displayed in many Google searches. If this is the observation of all members, would all of you be careful to attach a smart title to your thread? Can all the members be made aware of this fact?
May be I am repeating something that is already discussed, but still.........
__________________________________________________ _________
Contributions so far $600+
and continuing $20 per month
I noticed this too. It is a wonderful idea to title threads appropriately
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amitjoey
01-09 11:30 AM
Please see some answers I am guessing:
1. Do I Need an airport transit visa since iam travelling visa France ?
No idea. Do not think so.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.
3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
Please check with a lawyer or consult lawyers website for other requirements.
My opinion, please do not rely on this information
Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling visa France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
3. Can I travel with an expired H4 visa ?
Please Help ???
1. Do I Need an airport transit visa since iam travelling visa France ?
No idea. Do not think so.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.
3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
Please check with a lawyer or consult lawyers website for other requirements.
My opinion, please do not rely on this information
Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling visa France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
3. Can I travel with an expired H4 visa ?
Please Help ???
more...
san3297
03-25 11:17 AM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
vikki76
04-10 10:28 PM
My company lawyer had advised me that it is perfectly legal to do moonlighting using EAD card while holding down permanent job on H1-B.
more...
JazzByTheBay
08-21 11:35 AM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
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greenguru
01-31 12:56 PM
Hi ,
Yes, it is possible.
Yes, it is possible.
more...
GotGC??
01-02 12:32 PM
Also, a rise in interest rate if followed by a subsequent decrease in the LIBOR will increase that chance. Provided the Thai Baht remains stable, and another Earthquake does not strike Taiwan.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
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diptam
07-01 03:21 PM
The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
more...
bp333
09-25 01:15 PM
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
I have not received any receipt or rejection yet. Speaking to my lawyer, I understand that they missed to send the check.
When did you resubmit it and did you hear any update ?
I have not received any receipt or rejection yet. Speaking to my lawyer, I understand that they missed to send the check.
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Lasantha
06-19 02:14 PM
---
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.
My understanding is that the body's reaction to a second TB test is severe.
I have no doubt that all the advice given above is valid. But I thought I will add what I found out during my research just prior to my medicals.
It seems that these days USCIS is issuing RFEs for applicants who skipped the TB skin test but opted do the chest X-ray straight. I saw this on Murthy and several other sites. I know it doesn’t make sense but looks like CIS is pretty strict that the skin test must be done first.
Of course it could be different in your case since you are already on meds. I just thought of letting you know.
more...
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thuristic
09-01 09:04 PM
Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.
I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.
For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.
cheers,
I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.
For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.
cheers,
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waitin_toolong
07-26 12:30 PM
yes after July 30th the fee goes up
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GCOP
07-21 04:01 PM
Really sorry to know your situation. I really hope that attorney on this forum can come up with some idea. In the meantime, check with your attorney. Best of Luck.
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k_usa
08-23 08:19 PM
If you do not get an infopass, you can put your home zipcode to a different one and try so it will search the nearest ASC.
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bobzibub
01-11 10:36 AM
Use dice.ca monster.ca or workopolus.com or something.
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
It is true that the US will be heading for quite difficult times ahead.
They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.
Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.
Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.
Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.
Pick your poison!
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amitjoey
10-26 01:33 PM
The only people that know what we are going through and how much we have had to suffer becos of this backlog is us (the same people). Unless we open our mouth outside the IV Forum, talk to our congressmen/women, how can we expect relief?
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sadhumis
08-26 06:13 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Alien
07-09 10:07 AM
Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.
immiguy
07-18 02:16 PM
Sorry for being Naive. What is the skill bill?
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