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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 12-11-2007, 02:56 PM
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Default Employer Did not pay the Fees for H1-B or GC Processing

This is a great Website:

Is it OK if the employer does not pay any of the following:
H1-B fees, Lawyer Fees and all GC application fees.
My employer did not pay for any of these.

-------------------------------------------------------------
Current Status: H1-B
PD: April 2007
I-140/485 Concurrent. (RD Aug. 15th, 2007, ND Oct. 9th, 2007)
Recieved EAD
Awaiting AP
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  #2 (permalink)  
Old 12-11-2007, 03:01 PM
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Default

By Law, the employer is required to pay the H1 fee...how ever most small desi shops tend to break this law.
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  #3 (permalink)  
Old 12-11-2007, 03:55 PM
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Default

I believe you are lucky. My employer paid everything but he dont give any document. I didn't receive even I-485 receipt. He says now when you go India using AP then He will give me. I dont know what my job skill written in labor and I-140. He sent me only those papaers where my signature where required. I have EAD but I afraid to change the job.

If you pay you control all your papers. This is the advantage you have.
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  #4 (permalink)  
Old 12-11-2007, 04:34 PM
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Default

Yes, I do control the documents but I have spent $10,000 for this GC process.

This is a mid-size manufacturing organization. They employ 2000 people. Isn't it illegal or unethical?


-------------------------------------------------------------
Current Status: H1-B
PD: April 2007
I-140/485 Concurrent. (RD Aug. 15th, 2007, ND Oct. 9th, 2007)
Recieved EAD
Awaiting AP
FP Done
Country of Birth: Canada
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  #5 (permalink)  
Old 12-12-2007, 04:22 AM
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Quote:
Originally Posted by valuablehurdle View Post
Yes, I do control the documents but I have spent $10,000 for this GC process.

This is a mid-size manufacturing organization. They employ 2000 people. Isn't it illegal or unethical?


-------------------------------------------------------------
Current Status: H1-B
PD: April 2007
I-140/485 Concurrent. (RD Aug. 15th, 2007, ND Oct. 9th, 2007)
Recieved EAD
Awaiting AP
FP Done
Country of Birth: Canada
Overseas Indian Citizenship Card holder
You can do nothing about it. Since your employer has asked you to pay, you better do it, otherwise he can ruin the whole thing in a snap. H1, PERM and PERM-based 140 should be filed by the employer. Who should pay for it, I'm not sure. My employer used to attach my personal check which has the filing fee on it in my H1B petition, and the USCIS didn't say a thing. One can always file 485 by themselives or hire thier own attoney to do so. But either you've paid all the cost, or all your documents are kept by your employer, my suggestion is to play along, because it is all too late. You want to hear a scary story? I've heard somewhere (maybe here), that after he has paid all the cost for GC, this poor guy leared that his employer has had the attoney changed the name on all the document with USCIS, and the GR became someelse's. I'm not sure how much credit this story has (Is it even possible?). But the employer certainly can ruin your GC by simply revoke your 140 at anytime.
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  #6 (permalink)  
Old 12-12-2007, 05:18 AM
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Default Only some fees

Quote:
Originally Posted by valuablehurdle View Post
This is a great Website:
PD: April 2007
H1B fees MUST be taken care of employer. GC fees is dependent on your offer letter or such. They do not have to sponsor your GC.

btw: I have spent > $15,000, since you mentioned you have spent > $10k.. to give you some perspective + odds are you make more than me.
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  #7 (permalink)  
Old 12-12-2007, 10:00 AM
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Default

Thanks Guys for all the input.

One good thing about the whole Gh1-B and GC process is that our HR are totally ignorant of the whole immigration thing. [It was their first GC process..They let me choose my attorney. I choose an attorney of my own choice. I generally take the papers that need to be signed to the HR. The HR has hardly any interaction with the Attorney except for signing the dotted lines.

-------------------------------------------------------------
Current Status: H1-B
PD: April 2007
I-140/485 Concurrent. (RD Aug. 15th, 2007, ND Oct. 9th, 2007)
Recieved EAD
Awaiting AP
FP Done
Country of Birth: Canada
Overseas Indian Citizenship Card holder
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  #8 (permalink)  
Old 12-12-2007, 10:35 AM
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Default

Yes, I do control the documents but I have spent $10,000 for this GC process.

Then it is better if you control all documents. The average cost of process is around $8000.00 But you have all documents. The employer can not cheat you. Just keep your finger cross and save your job upto 180 days after I140 approval.



This is a mid-size manufacturing organization. They employ 2000 people. Isn't it illegal or unethical?

Nobody cares! even US immegration department!
__________________
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I-140 approved @ TSC: OCT 2005
I-485 Pending @ TSC: June 2007
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  #9 (permalink)  
Old 12-12-2007, 10:49 AM
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Default

I too have spent > 10,000 so far.

I have partial control over the documents. Attorney/HR are cooperative and helpful.

I read somewhere in the forum that, there was something introduced recently that defines who should pay and how much(%) for the LC.
If anynody comes across this article please post in this forum.
__________________
“First they ignore you, then they laugh at you, then they fight you, then you win.” - Mahatma Gandhi

****************************************
Labor RIR : Apr 2004
I140 : Approved
I485/I765/I131 Receipt : Not received
I485/I765/I131 LUD : Oct 9, 2007 LUD Oct 11, 2007
FP : done
AP : Not received

****************************************
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  #10 (permalink)  
Old 12-12-2007, 11:14 AM
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Default

I have spent the same amount TWICE coz NEITHER of my employers paid the GC fees and neither paid the Legal Fees for the H1B and my former employer did not even pay for the H1B fees. However i still have no regrets. Atleast I controlled ALL my documents and neither employer messed with my GC process.

Guys please stop complaining that your employers did not pay for the process. That is actually a POSITIVE. Paying out of pocket is a SMALL price to pay to get complete control over ALL your H1B and GC documents. Besides if you did not like it that much, you should have left the job and joined someone who would agree to pay for it. Think about it from the employer's perspective. How does the employer in today's day and age benefit from the GC process? In more than 50% of the cases the employee leaves the employer exactly 180 days from the receipt of the GC or 180 days from filing the I-485 (esp in desi consultancies). Now how is this beneficial to the employer?
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  #11 (permalink)  
Old 12-12-2007, 12:41 PM
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Default

You are right. Atleast I have all the documents in hand. I should wait for the 180 days to get over - as well as the I-140 to get approved.
However, the way NSC is going, I donot think the approval is coming any time soon. I do not understand why they increased the fees to nearly $500 when they know they cannot provide the improved service due to opening of the flood gates.

-------------------------------------------------------------
Current Status: H1-B
PD: April 2007
I-140/485 Concurrent. (RD Aug. 15th, 2007, ND Oct. 9th, 2007)
Recieved EAD
Awaiting AP
FP Done
Country of Birth: Canada
Overseas Indian Citizenship Card holder
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  #12 (permalink)  
Old 12-12-2007, 12:47 PM
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Default No binding for employer for GC

Employer need to pay the fees for H1B expense. But there is no binding, or we cannot press employer to file for GREEN CARD. It is a bonus from his part to do GC process. To stay in his company for long term. Otherwise the employee need to go back after 6 years in H1B.

Quote:
Originally Posted by valuablehurdle View Post
This is a great Website:

Is it OK if the employer does not pay any of the following:
H1-B fees, Lawyer Fees and all GC application fees.
My employer did not pay for any of these.

-------------------------------------------------------------
Current Status: H1-B
PD: April 2007
I-140/485 Concurrent. (RD Aug. 15th, 2007, ND Oct. 9th, 2007)
Recieved EAD
Awaiting AP
FP Done
Country of Birth: Canada
Overseas Indian Citizenship Card holder
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  #13 (permalink)  
Old 12-12-2007, 01:14 PM
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Default Foia

Quote:
Originally Posted by ssingh92 View Post
I believe you are lucky. My employer paid everything but he dont give any document. I didn't receive even I-485 receipt. He says now when you go India using AP then He will give me. I dont know what my job skill written in labor and I-140. He sent me only those papaers where my signature where required. I have EAD but I afraid to change the job.

If you pay you control all your papers. This is the advantage you have.
This is extremely painful. For copy of I-485 receipt, tell your employer that you are going to your home country for an emergency visit. Get the copy of I-485 and then tell your employer that the emergency has eased out and you no longer require to visit your home country at this time.

If you want job skills as mentioned in labor certification application, which you must as required at the time of using AC21, here is what you can do -

(You must contact the department of labor in the state where your employer actually filed the petition. Usually, it will be state in which the employer has their primary office.)

Assuming that you are in NJ, go to this link and get the information about the NJ Dept. of Labor.
http://lwd.dol.state.nj.us/labor/emp...LaborCert.html

Gather as much information as possible before calling them at:
(609) 292-2900

Please have your priority date, date of approval of labor certification, name of your employer with FEID ready. When you call, ask for the person who handles FOIA applications for the employment based labor certifications. Usually, in each state the DOL has one person assigned to handle FOIA requests. If possible get the direct contact information of this person and speak/communicate with this person and ask him/her to send you the required forms for you get the copies of the labor certification application, all correspondences and approval notices. Different states respond differently and they may take up to 2-3 weeks to send you the copies of your labor cert documents.

The phone number above is just the starting point. If you are able to find the information of the designated person, please post that information on this forum so that others could use it. We have to stop this small group of exploitative employers, who are also the reason for Congress no wanting to do much on employment based green cards.

Although this is likely be more difficult to file FOIA with USCIS, we will try to get similar information about USCIS so that everybody could get copies of I-140/I-485 application and approval notices. If someone has already tried it, kindly post your experience with USCIS FOIA application here.

Hope this is useful.

Thanks,
__________________
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Priority Date : Jun-02
I-485 applied : Oct-03
Status : Waiting for name check since Jun-04
Recd green card in June 2007
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  #14 (permalink)  
Old 12-12-2007, 01:27 PM
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Default me too

I control my paperwork too and paid more than 15K. At least, I am happy i am safe.

Quote:
Originally Posted by cygent View Post
H1B fees MUST be taken care of employer. GC fees is dependent on your offer letter or such. They do not have to sponsor your GC.

btw: I have spent > $15,000, since you mentioned you have spent > $10k.. to give you some perspective + odds are you make more than me.
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