roseball
01-13 04:43 PM
Is this some thing needs to pass or in proposal or already effected since the date they published on the website?
I have not ready the doc.
This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.
I have not ready the doc.
This is neither a proposal nor a bill that needs to go through the process. Its a memo to the USCIS service centers providing clarity on whats an employer-employee relationship means for a H1 petition to be considered for approval. The memo claims there was no clarity on what constitutes a fair employer-employee relationship and provides guidance to the USCIS service centers to follow the memo in processing all H1 applications. So technically, I would assume it is effective on the date it was released.
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aranya
12-14 03:33 PM
So that interprets to "7% limit for every country" - seems to be "Equality"
Equal yes but also separate and that did not work very well in the past, did it?
Equal yes but also separate and that did not work very well in the past, did it?
_TrueFacts
09-05 05:18 PM
QUOTE=_TrueFacts;840961]breddy2000,
Shame on you. thoo
breddy2000,
I have an excellent firewall against your filthy words and you are only denigrating yourself as PSReddy has said.
Just b'cuz you are challenging me, to let you know, I have all your info, and it took 5 min to profile you on the internet. You have anything to say against the facts that YSR is a "a corrupt, factionist gunda, land grabber who has killed numerous people” then say so, otherwise just keep quite.
Shame on you. thoo
breddy2000,
I have an excellent firewall against your filthy words and you are only denigrating yourself as PSReddy has said.
Just b'cuz you are challenging me, to let you know, I have all your info, and it took 5 min to profile you on the internet. You have anything to say against the facts that YSR is a "a corrupt, factionist gunda, land grabber who has killed numerous people” then say so, otherwise just keep quite.
2011 2010 Justin Bieber and Selena
satishku_2000
01-23 04:47 PM
Hey
I agree with you guys that he deservs much more stricter sentence.
Some of the guys work against us because we are sound different and look different. So dont get into that mode ...
These kind of small statements can become a big issue particularly in a public forum like this.
Simple suggestion and peace , I dont mean to offend any one ...
I agree with you guys that he deservs much more stricter sentence.
Some of the guys work against us because we are sound different and look different. So dont get into that mode ...
These kind of small statements can become a big issue particularly in a public forum like this.
Simple suggestion and peace , I dont mean to offend any one ...
more...
JA1HIND
02-15 08:12 AM
........I strongly beleive that the H1B system and the EB greencard system has been setup to legally bring in high skilled workers as slaves and exploit them by taking away their freedom. We are no better than illegals, in the way we are treated by the goverment and the employers.
I will fight this case atleast to try to prove my point before I leave this place.
I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.
Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!
I will fight this case atleast to try to prove my point before I leave this place.
I am looking for some civil rights agency which can help me with the lawsuit. My fight is not for the GC, but it is for justice.
Very well said & I just feel the same...I have already lost hope on this GC and can not predict how long its going to take but for sure before I leave this place and go back to home country I will contribute my best of share in this fight for justice and full support...count me in with out any doubt!!
dealsnet
05-12 10:57 PM
I am not a Tamil or Singalese. We cannot say Tamils went to Lanka and asking for homeland. The truth is both Tamils and Singalese migrated from India. May be Tamils went to Lanka before the Singalese. LTTE is a terrorist organization, but it gained popularity because of Singalese neglect of Tamils. I don't think the problem can be resolve through military means. The war will change from conventional to gorrilla within this year.
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
Only political solution can bring peace.
Read these historical facts about the singala migration.
http://www.lankalibrary.com/books/sinhala_history.htm
http://www.sinhaya.com/begining.htm
http://www.country-data.com/cgi-bin/query/r-13173.html
more...
kumar1305
01-13 03:35 PM
Does it mean that people who are working with consulting companies are going home soon?
Ok, then first consulting guys will go then they may take some other crap to send everybody home?
What is going to happen now?
I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.
Ok, then first consulting guys will go then they may take some other crap to send everybody home?
What is going to happen now?
I work for client and I do not say that sending consulting guyz will benefit me. But I'm just curious as to what would the next few such steps to send out all the H1bs from this country.
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onemoredesi
06-21 07:39 PM
Hey guys,
I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..
Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.
People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..
My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..
Just my 2 cents!
1MoreDesi
I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..
Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.
People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..
My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..
Just my 2 cents!
1MoreDesi
more...
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kshitijnt
03-30 06:56 AM
Agreed but consider the other options. Lalu? Mulayam?? Mayawati???
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.
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syzygy
07-12 04:57 PM
And also add the amount we are paying on regular basis to law firms to talking to their para legals, mental stress and percentage what contracting companies with hold along with amount we are losing because we are not in stable situation to invest in things like real estate.
I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
Will appreciate if someone can shed more light or post a link.
I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
Will appreciate if someone can shed more light or post a link.
more...
Munna Bhai
01-26 08:01 AM
Hello,
My I-140 is approved and I have a PD of Feb 2006.
One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.
So is there anyway his approved labor is useful to me. What are the ifs,buts etc.
----------------
I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads- Admin
My I-140 is approved and I have a PD of Feb 2006.
One of my colleague whose job description is little different then mine has a PD of Sep 2003 and his Labour got approved but he left the company.
So is there anyway his approved labor is useful to me. What are the ifs,buts etc.
----------------
I changed your thread title. when you start a new thread make your thread title descriptive for all members to easily sift through threads- Admin
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ebizash
07-27 02:35 PM
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc
-------------------------
1099-A: acquisition or Abandonment of Secured Property
1099-B: Proceeds from Broker and Barter Exchange Transactions
1099-C: Cancellation of Debt
1099-CAP: Changes in Corporate Control and Capital Structure
1099-DIV: Dividends and Distributions
1099-G: Government Payments
1099-H: Health Insurance Advance Payments
1099-INT: Interest Income
1099-LTC: Long Term Care Benefits
1099-MISC: Miscellaneous Income
1099-OID: Original Issue Discount
1099-PATR: Taxable Distributions Received From Cooperatives
1099-Q: Payment from Qualified Education Programs
1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
1099-S: Proceeds from Real Estate Transactions
1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
1042-S: Foreign Person's U.S. Source Income
SSA-1099: Social Security Benefit Statement
SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
RRB-1099: Payments by the Railroad Retirement Board
RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
W-2G: Certain Gambling Winnings
-------------------------------------
I sincerely hope that it works out for you as it does for a few..
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
Stocks and Investments get you 1099-Div... and that income is not reported on 1040 under Business Income.. Dividends and Interest incomes have their own line items on 1040 (Lines 8 and 9)...The business income is reported under line items 12 and if one makes enough money from the business then there is Self Employment tax - SS and Medicare taxes (Line 56). This is the line item that might get one in trouble with USCIS..You obviously have not filed 1099-MISC yet which tells me that you don't make $600 a year from Amway yet..otherwise you would have gotten a 1099-Misc
-------------------------
1099-A: acquisition or Abandonment of Secured Property
1099-B: Proceeds from Broker and Barter Exchange Transactions
1099-C: Cancellation of Debt
1099-CAP: Changes in Corporate Control and Capital Structure
1099-DIV: Dividends and Distributions
1099-G: Government Payments
1099-H: Health Insurance Advance Payments
1099-INT: Interest Income
1099-LTC: Long Term Care Benefits
1099-MISC: Miscellaneous Income
1099-OID: Original Issue Discount
1099-PATR: Taxable Distributions Received From Cooperatives
1099-Q: Payment from Qualified Education Programs
1099-R: Distributions from Pensions, Annuities, Retirement Plans, IRAs, or Insurance Contracts
1099-S: Proceeds from Real Estate Transactions
1099-SA: Distributions From an HSA, Archer MSA, or Medicare Advantage MSA
1042-S: Foreign Person's U.S. Source Income
SSA-1099: Social Security Benefit Statement
SSA-1042S: Social Security Benefit Statement to Nonresident Aliens
RRB-1099: Payments by the Railroad Retirement Board
RRB-1099R: Pension and Annuity Income by the Railroad Retirement Board
RRB-1042S: Payments by the Railroad Retirement Board to Nonresident Aliens
W-2G: Certain Gambling Winnings
-------------------------------------
I sincerely hope that it works out for you as it does for a few..
more...
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gcfriend65
06-26 01:53 PM
The assessment is correct. The Visa Bulletin is published by the 15th. of every month by DOS. So, by July 15, whatever number of applications, USCIS receives, they have to count them and send the numbers to DOS. DOS then have to do their math and come up with August 2007 numbers, but August 2007 Visa Bulletin has to be published by July 15. Therefore, they mentioned as a footnote in the Visa Bulletin that DOS will retrogress numbers in September 2007. I again quote below:
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Reference:DOS website.
I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.
This is jusy my assessment. I didn't get this from anywhere.
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third �Other Workers� have been made �Current� for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
Reference:DOS website.
I agree with you. To bring the dates back USCIS would have to accept application for atleast next 2 weeks. Then, they will have to open and count all the application based on country. After that, they will calculate Aug/mid-July retrogression date. It does not sound like they will do it in mid-july, but for august they can do whatever they want in their visa bulletien.
This is jusy my assessment. I didn't get this from anywhere.
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doknek
07-17 01:33 PM
If PD moves to last quarter of 2007 within a year, then there would be no candidates (EB2), since all will still be stuck in PERM audits which will take 6-12 more months to clear + I-140 processing time.
So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?
So, they move PD dates faster but freeze PERM apps. I am confused:confused: Any insights?
more...
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hydboy77
06-04 01:13 PM
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.
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eb3_nepa
06-26 12:21 PM
Yeah but USCIS CAN change its rules at ANY time without ANY notice!!
Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?
Remember the ONE day notice that I-140 premium processing is terminated for Labour substitution cases?
more...
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iviviv
10-10 01:00 AM
Thanks for the interesting posts and sharing of your experiences!!!
I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.
Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?
How many employees does one need to manage to be considered an executive?
I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.
I figure that the EB-2 and EB-3 categories are going to remain backlogged for a few years for India. So, the best way to apply for US green card would be to attain Canadian citizenship to provide flexibility of using TN visa and then apply for GC using EB-1 category as a manager. Perhaps, it is not as easy as I make it sound to get a EB-1 success case.
Are there people out there who have successfully used the EB-1 category or know of anyone who has used the EB-1 category? Is it sufficient for one to be a first line manager to utilize the EB-1 category or does one have to be an executive?
How many employees does one need to manage to be considered an executive?
I guess EB-1 remains the only sure bet to get a quick GC, but it is probably difficult to qualify for it.
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krish2005
01-16 05:16 PM
Please read this article.
The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
The Insightful Immigration Blog – Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
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old_hat
05-02 02:38 PM
The issue started long before LTTE but it has not stayed static. There were many opportunities to set it correct which LTTE shunned. Again a lot of Tamils joined mainstream in Lanka and LTTE went after them too.
Macaca
07-03 09:39 PM
sorry :D
this one time pls allow us to post contribution thread here..
Post contribution thread without hesitation and without apologies!
this one time pls allow us to post contribution thread here..
Post contribution thread without hesitation and without apologies!
MERAMICBOY
08-01 12:26 AM
Hi Samay,
We would really appreciate if you could provide your inputs on our case.
My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.
Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.
We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.
She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.
Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?
She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.
Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.
After she changed to full-time, she has all the required docuemntation for H1B stamping.
We would like to know the severities of these concerns and suggestions to overcome the same.
We would really appreciate if you could provide your inputs on our case.
My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.
Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.
We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.
She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.
Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?
She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.
Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.
After she changed to full-time, she has all the required docuemntation for H1B stamping.
We would like to know the severities of these concerns and suggestions to overcome the same.
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