MAVNI

[nrikittu]

K

[tennisluvr]

3 minutes ago, nrikittu said:

K

[dakumangalsingh]

12 minutes ago, tennisluvr said:

What's your CI date and location? 

Date cheppale 

location texas 

raanu raanu interest poindii 

[kakatiya]

5 hours ago, princeofheaven said:

kaka if you are married and if your wife is in F1 or H1 status ask her to keep till you get naturalized. if anything happens you can come back as her dependent...

that is not possible.. I just want to make sure I can be back on f1 or day 1 cpt.

[kakatiya]

11 hours ago, tennisluvr said:

Bro exaggerates facts by a lot actually. Entire bunch of republicans are against the MAVNI program annadu, ala ayithey if they can influence the military they can cancel all our contracts at the moment right away and wash off their hands. But ala kakunda they have scheduled CI interviews for 4300 soldiers and flying them to Texas and places like NJ/California at military's expense. 

Why would they do it if they aren't serious about taking you and I in? Do you think they have extra money just to throw around on people's airfare? Also the AFPT standards and the way bootcamps are run haven't changed, there's no memo stating that MAVNIs should be treated differently at BCT. 

Plus bro spread wrong information stating that USERRA doesn't protect those that are shipped to BCT and AIT that you got from some "lawyer". I spoke to Lt Col Stock over the phone and said the same thing, she laughed at that suggestion and asked me to give the lawyer's info. 

I just feel @kakatiya bro has an extreme negative mindset and likes to spread panic around, so  bro I can't take what you say seriously unless you have concrete evidence to back up your "facts". He said, she said can't be used asi don't hav facts in this case. 

I don't have extreme negative mindset nor I have time to make fun to spread false panic.

I just mentioned republicans as one of the facts, where the uscis is considering even wrongly filed i129 as a reason for denying you naturalization. You might eventually have a laywer help you with the case.  Now again let me be clear. My worry is not about being naturlised. I least care about it. My worry is how to protect current status. I don't want to sacrifice my current status and come out of BCT and have every one laugh at me. I just want to be INFORMED ! Again my worry is not about what happens at BCT. My worry is what happens to my status outside ARMY active duty, in case naturalization don't happen. You should say the reason for being informed as being negative. going by that statement even anyone who puts seat belt can be considered a coward afraid of being hit. I just want to know the amount of caluculated risk that comes.

Second regarding userra protection it was LT.Stock that told me that userra wont protect h1b holders or aliens. It will protect only if you become citizens and it is for American citizens. And your h1b can be revoked by employer at any time he wants while you are at bct.

[tennisluvr]

11 minutes ago, kakatiya said:

I don't have extreme negative mindset nor I have time to make fun to spread false panic.

I just mentioned republicans as one of the facts, where the uscis is considering even wrongly filed i129 as a reason for denying you naturalization. You might eventually have a laywer help you with the case.  Now again let me be clear. My worry is not about being naturlised. I least care about it. My worry is how to protect current status. I don't want to sacrifice my current status and come out of BCT and have every one laugh at me. I just want to be INFORMED ! Again my worry is not about what happens at BCT. My worry is what happens to my status outside ARMY active duty, in case naturalization don't happen. You should say the reason for being informed as being negative. going by that statement even anyone who puts seat belt can be considered a coward afraid of being hit. I just want to know the amount of caluculated risk that comes.

Second regarding userra protection it was LT.Stock that told me that userra wont protect h1b holders or aliens. It will protect only if you become citizens and it is for American citizens. And your h1b can be revoked by employer at any time he wants while you are at bct.

I will send this over to Lt Col Stock. Because she's the one that told me that USERRA applies to anyone that goes to BCT irrespective of whether they are a US citizen, GC or on a visa. And you mentioned the last time that some other lawyer you checked with told you this, not Lt Col Stock. 

So your statements contradict each other

[tennisluvr]

6 minutes ago, kakatiya said:

I don't have extreme negative mindset nor I have time to make fun to spread false panic.

I just mentioned republicans as one of the facts, where the uscis is considering even wrongly filed i129 as a reason for denying you naturalization. You might eventually have a laywer help you with the case.  Now again let me be clear. My worry is not about being naturlised. I least care about it. My worry is how to protect current status. I don't want to sacrifice my current status and come out of BCT and have every one laugh at me. I just want to be INFORMED ! Again my worry is not about what happens at BCT. My worry is what happens to my status outside ARMY active duty, in case naturalization don't happen. You should say the reason for being informed as being negative. going by that statement even anyone who puts seat belt can be considered a coward afraid of being hit. I just want to know the amount of caluculated risk that comes.

Second regarding userra protection it was LT.Stock that told me that userra wont protect h1b holders or aliens. It will protect only if you become citizens and it is for American citizens. And your h1b can be revoked by employer at any time he wants while you are at bct.

Well that's been answered clearly, your employer can't fire you due to you shipping to BCT as per USERRA law which protects you as well. If he does then he's violating a Federal law. 

And what's that seat belt comparison? It's apples to oranges comparison, no relevance to the topic being discussed at all and not at all an apt example. If you don't get naturalized post your BCT, you can always hire a lawyer to represent you to USCIS and try to take your case forward. You can go back to your employer on H1B or apply for a F1 while you wait for your naturalization to be processed.  If you are worried about what others are going to laugh at or too worried about your status post your BCT, you can always drop out of the program as I suggested bro. 

[kakatiya]

13 hours ago, tennisluvr said:

Well that's been answered clearly, your employer can't fire you due to you shipping to BCT as per USERRA law which protects you as well. If he does then he's violating a Federal law. 

And what's that seat belt comparison? It's apples to oranges comparison, no relevance to the topic being discussed at all and not at all an apt example. If you don't get naturalized post your BCT, you can always hire a lawyer to represent you to USCIS and try to take your case forward. You can go back to your employer on H1B or apply for a F1 while you wait for your naturalization to be processed.  If you are worried about what others are going to laugh at or too worried about your status post your BCT, you can always drop out of the program as I suggested bro. 

you are judging me too much here. I haven't told people will laugh at me because of mavni program. I don't want people laugh at me because I wasn't informed enough until last minute. You cant call me coward since I am gathering information whatever context it is.  There is nothing wrong in asking question and I am not sure why yo uare failing to understand that my main concentration is to be informed.

Second employer who is the  sponsor of your h1b can revoke h1b at any time as per his wish. Because I am alien under h1b visa. Employer has every right to revoke h1b since he filed for it and usera is to protect your job, when you are a citizen on active duty. "Protecting  the job and revoking h1b as per wish of an employer" are two different things.

 

Even Margaret stock  and her laywer clearly explained that employer has right to revoke your h1b at any time and it is better to maintain good relation while you are at bct. His revoking of h1b has nothing to do with usera law. If employer cannot serve the h1b visa rule they can revoke the h1b visa at any moment.

so next make sure you bring this with your lawyer. She will easily confirm. I am trying to find the transcript of conversation. As soon as I find it, I will forward the conversation. Thank you.

[tennisluvr]

5 minutes ago, kakatiya said:

you are judging me too much here. I haven't told people will laugh at me because of mavni program. I don't want people laugh at me because I wasn't informed enough until last minute. You cant call me coward since I am gathering information whatever context it is.  There is nothing wrong in asking question and I am not sure why yo uare failing to understand that my main concentration is to be informed.

Second employer who is the  sponsor of your h1b can revoke h1b at any time as per his wish. Because I am alien under h1b visa. Employer has every right to revoke h1b since he filed for it and usera is to protect your job, when you are a citizen on active duty. "Protecting  the job and revoking h1b as per wish of an employer" are two different things.

 

Even Margaret stock  and her laywer clearly explained that employer has right to revoke your h1b at any time and it is better to maintain good relation while you are at bct. His revoking of h1b has nothing to do with usera law. If employer cannot serve the h1b visa rule they can revoke the h1b visa at any moment.

so next make sure you bring this with your lawyer. She will easily confirm. I am trying to find the transcript of conversation. As soon as I find it, I will forward the conversation. Thank you.

He can but you can take him to court based on USERRA, and USERRA protects you no matter what visa status you are on. 

Please get me that conversation I would be glad to forward it to Lt Col Stock, since she's the one who stated clearly on live video feed that USERRA protects you irrespective of your visa status. So don't spread rumors. 

[tennisluvr]

7 minutes ago, kakatiya said:

you are judging me too much here. I haven't told people will laugh at me because of mavni program. I don't want people laugh at me because I wasn't informed enough until last minute. You cant call me coward since I am gathering information whatever context it is.  There is nothing wrong in asking question and I am not sure why yo uare failing to understand that my main concentration is to be informed.

Second employer who is the  sponsor of your h1b can revoke h1b at any time as per his wish. Because I am alien under h1b visa. Employer has every right to revoke h1b since he filed for it and usera is to protect your job, when you are a citizen on active duty. "Protecting  the job and revoking h1b as per wish of an employer" are two different things.

 

Even Margaret stock  and her laywer clearly explained that employer has right to revoke your h1b at any time and it is better to maintain good relation while you are at bct. His revoking of h1b has nothing to do with usera law. If employer cannot serve the h1b visa rule they can revoke the h1b visa at any moment.

so next make sure you bring this with your lawyer. She will easily confirm. I am trying to find the transcript of conversation. As soon as I find it, I will forward the conversation. Thank you.

where did I call you that? 

Plus as I have mentioned earlier if you are so concerned about your status after shipping to BCT, I am sure you can still drop out of the program or fail to attend the CI interview, they will automatically drop you from the program. 

[tennisluvr]

11 minutes ago, kakatiya said:

you are judging me too much here. I haven't told people will laugh at me because of mavni program. I don't want people laugh at me because I wasn't informed enough until last minute. You cant call me coward since I am gathering information whatever context it is.  There is nothing wrong in asking question and I am not sure why yo uare failing to understand that my main concentration is to be informed.

Second employer who is the  sponsor of your h1b can revoke h1b at any time as per his wish. Because I am alien under h1b visa. Employer has every right to revoke h1b since he filed for it and usera is to protect your job, when you are a citizen on active duty. "Protecting  the job and revoking h1b as per wish of an employer" are two different things.

 

Even Margaret stock  and her laywer clearly explained that employer has right to revoke your h1b at any time and it is better to maintain good relation while you are at bct. His revoking of h1b has nothing to do with usera law. If employer cannot serve the h1b visa rule they can revoke the h1b visa at any moment.

so next make sure you bring this with your lawyer. She will easily confirm. I am trying to find the transcript of conversation. As soon as I find it, I will forward the conversation. Thank you.

REEMPLOYMENT RIGHTS You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: ✩✩ you ensure that your employer receives advance written or verbal notice of your service; ✩✩ you have five years or less of cumulative service in the uniformed services while with that particular employer; ✩✩ you return to work or apply for reemployment in a timely manner after conclusion of service; and ✩✩ you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

 

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: ✩✩ are a past or present member of the uniformed service; ✩✩ have applied for membership in the uniformed service; or ✩✩ are obligated to serve in the uniformed service; then an employer may not deny you: ✩✩ initial employment; ✩✩ reemployment; ✩✩ retention in employment; ✩✩ promotion; or ✩✩ any benefit of employment because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

 

HEALTH INSURANCE PROTECTION ✩✩ If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military. ✩✩ Even if you don’t elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

ENFORCEMENT

✩✩ The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. ✩✩ For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm. ✩✩ If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation. ✩✩ You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA.

 

 

https://www.dol.gov/vets/programs/userra/USERRA_Private.pdf

[tennisluvr]

12 minutes ago, kakatiya said:

you are judging me too much here. I haven't told people will laugh at me because of mavni program. I don't want people laugh at me because I wasn't informed enough until last minute. You cant call me coward since I am gathering information whatever context it is.  There is nothing wrong in asking question and I am not sure why yo uare failing to understand that my main concentration is to be informed.

Second employer who is the  sponsor of your h1b can revoke h1b at any time as per his wish. Because I am alien under h1b visa. Employer has every right to revoke h1b since he filed for it and usera is to protect your job, when you are a citizen on active duty. "Protecting  the job and revoking h1b as per wish of an employer" are two different things.

 

Even Margaret stock  and her laywer clearly explained that employer has right to revoke your h1b at any time and it is better to maintain good relation while you are at bct. His revoking of h1b has nothing to do with usera law. If employer cannot serve the h1b visa rule they can revoke the h1b visa at any moment.

so next make sure you bring this with your lawyer. She will easily confirm. I am trying to find the transcript of conversation. As soon as I find it, I will forward the conversation. Thank you.

I just pasted the link above for your convenience. I couldn't spot anywhere where it says it's only covered for US citizens, maybe you made that assumption or the "lawyer" you consulted gave you the wrong information. 

Lt Col Stock quite clearly stated who the law applies to, whether you maintain a good relationship with your employer or not is totally upto you. Again I am sure you can avoid all this by just dropping out of the program if you are so concerned, I am sure that's not difficult to do. 

[kakatiya]

here it is I found the conversation. Here is the summary - Our employer is perfectly in the law to revoke h1b and find a replacement but he has to take once we finish the active duty.

 

So this answers my question. If your naturalization is delayed or you get discharged, and mean while your employer can revoke h1b under law at context of saying he will hire me in future when I return from BCT.

so this is why I asked the question if someone can apply for F1 up on his return in case naturalization is delayed. This doesn't mean I have little or no confidence in passing BCT. This means I want to know what are alternatives and be informed ahead of time and I believe this is not such a bad question.

[tennisluvr]

2 minutes ago, kakatiya said:

here it is I found the conversation. Here is the summary - Our employer is perfectly in the law to revoke h1b and find a replacement but he has to take once we finish the active duty.

 

So this answers my question. If your naturalization is delayed or you get discharged, and mean while your employer can revoke h1b under law at context of saying he will hire me in future when I return from BCT.

so this is why I asked the question if someone can apply for F1 up on his return in case naturalization is delayed. This doesn't mean I have little or no confidence in passing BCT. This means I want to know what are alternatives and be informed ahead of time and I believe this is not such a bad question.

Meaning when your application for naturalization has already been filed with USCIS and it's pending with them. I think you shouldn't be so concerned with it when it's pending after having passed SSBI and CI along with completing BCT and AIT. You may wait for a few months during which you may not be able to work but I would suggest you save up money for that. 

It's not like USCIS is going to come and deport you because your employer has terminated your employment after your AIT and BCT are done, considering that your application for naturalization is pending with them. They have to wait till the outcome of that is finalized and can't deport you while it's pending. You might not be able to work for a few months but as I stated, you can always save up in advance to avoid a situation like that. 

You can always apply for F1 if you get discharged dishonorably or if it's an entry level separation. Also if you are looking for legal advise, this isn't the forum. I suggest you hire a competent attorney to look into your concerns. Going back and forth on a forum like this won't get you any coherent answers. 

[kakatiya]

16 minutes ago, tennisluvr said:

I just pasted the link above for your convenience. I couldn't spot anywhere where it says it's only covered for US citizens, maybe you made that assumption or the "lawyer" you consulted gave you the wrong information. 

Lt Col Stock quite clearly stated who the law applies to, whether you maintain a good relationship with your employer or not is totally upto you. Again I am sure you can avoid all this by just dropping out of the program if you are so concerned, I am sure that's not difficult to do. 

who are you to dictate me what to do and what not to do. What to do and what not do is what I decide basing on my own confidence. You cannot simply judge what others have to do basing on your self judgement. Simple advice - stop preaching others on your free time. I explained in very clear context , that there is nothing wrong to be well informed. Again stop judging others.

I had the same conversation  much ahead of time with Mgt. Stock. She only answered my question when I  clearly asked on what context my employer can revoke h1b.

Her answer was very clear. Employer is not at fault to revoke your h1b at any time, irrespective of army or userra. He can revoke your h1b if he needs a replacement. She also mentioned he cannot maintain your h1b without being on pay roll and userra wont protect preserving h1b. If you are not employed on H1b while  you are on BCT, employer cant help himself but to revoke your visa, since userra donot cover legal formalities of userra.  But he has to take me back and give a proper employment once I am out of BCT. I hope it makes clear sense. Out of this context I had the question what will be my situation if something doesn't go as planned.

This is not because I was afraid of BCT or anything, it is because I struggled a lot to come this far and I loose nothing to know answer for not so simple question, ahead of time.