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psaxena
01-14 02:07 PM
These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
wallpaper Dominique Strauss-Kahn, a top
sunny1000
12-13 05:06 PM
Good point. But point what we are discussing is whether the rules (per country based) made to process GC can be challenged in US Courts within its constitutional limits? If tomorrow US decides to shut down EB/FB we do not have problem. Certainly it has that right. But when US wishes to have those immigrants than do we (applicants - non -immigrants) have a right to challenge particular rule (here per country based limit) in Court?
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
The U.S government absolutely has that discretion to make any rule/law under the Foreign Policy doctrine which no Court will interfere. The analogy for this would be the rule - wet/dry policy - they follow with the Cuban immigrants who get a GC just based on landing on the U.S soil. Nobody can challenge that rule (which favors only migrants from Cuba - when Mexicans do the same, it is considered illegal) but, a cuban immigrant can challenge what constitutes U.S soil which the courts can decide.
In short, you cannot challenge the law itself but, can challenge how the law is interpreted.
nomi
09-29 12:28 PM
Can you post the link to the automatic revalidation law link?
I want to take the print
Here is the Law
http://travel.state.gov/visa/laws/te...ams_1441.html#
I want to take the print
Here is the Law
http://travel.state.gov/visa/laws/te...ams_1441.html#
2011 Dominique Strauss-Kahn AP
breddy2000
09-03 11:50 PM
This is not your YSR's factionist land to be afraid off. Same id or not, you can't pick a hair.
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
With your utmost stupidity!!!!!
Anyway thanks for the Humor from your stupidity...
more...
grupak
12-13 10:46 AM
Your suggestion seems interesting. Not a lawyer so absolutely no idea if it will fly.
sathweb
02-15 07:18 PM
Please stick to subject of this thread.
or
Please some one close this thread. Its already old news.
(Its going out of control)
or
Please some one close this thread. Its already old news.
(Its going out of control)
more...
gc28262
09-04 10:16 AM
IV admins, Chandu,
Please delete this thread or move this away from the main page.
This thread is a good fodder for antis.
Please delete this thread or move this away from the main page.
This thread is a good fodder for antis.
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stuckinmuck
05-25 11:19 AM
Came across this link in one of our threads. I have friends in Canada who hate it there. They have not ended up becoming taxi drivers but feel they made a mistake going to Canada. If you need to leave the U.S., then a better option is to go back to your home country.
http://www.notcanada.com
http://www.notcanada.com
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ita
03-30 01:08 AM
Snathan,Arkbird
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
Please do understand MMS brought economic reforms when he was finance minister in P.V Narasimha Rao's govt.People thought country would see the same in 2004 when MMS was made PM. But Sonia Gandhi didn't give him that freedom.We didn't see any reforms in these 5 years.
Opting for MMS is like saying I won't take Sonia/Rahul but would take them if they came with a wrapper called MMS. That's what MMS is.
All those voting for MMS in the poll might as well vote for Rahul if you are bent on only congress party for communal/other reasons of your own.
MMS is not even fighting these elections.As per congress party sources Sonia doesn't want to announce Rahul as PM candidate because if congress loses then Rahul has to take the blaim(which will affect his charisma..huh our leaders run not qualifications but charisma and even urban/rural people fall for that).If congress wins MMS will be replaced with Rahul citing health or some other issue within no time.
I can understand rural masses but educated skilled people falling for the tactics of unskilled Sonia is something.No wonder she is going great.
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chantu
05-01 04:18 PM
Guys do not get deceive by CON/UPA govt raising voice for Sikhs in Pak. They raised it because the next phase of elections will be held in Punjab, Himachal, Delhi and Haryana where there are significant Sikh population. CON/UPA govt does not care about Sikhs. They want to cover up for the mess they created because of Tytler issue.
Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.
Also, why did CON/UPA govt did not raise voice when homes and temples of Hindus in Kazakhstan were destroyed.
more...
mirage
03-27 03:47 PM
Neelu,
Thanks for Sharing. I watch Indian Politics very very closely, but haven't heard of him till today, Indian media is too obsessed with Rahul Gandhi and Sarkozy. They don't have time for real people...
My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.
Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.
Check out his speech at a Mumbai university.
http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3
Cheers.
Thanks for Sharing. I watch Indian Politics very very closely, but haven't heard of him till today, Indian media is too obsessed with Rahul Gandhi and Sarkozy. They don't have time for real people...
My vote is for Dr. Jaya Prakash Narayan. He has done good things as a doctor and then as a collector in AP.
Of course he stands no chance, but I think he started a movement (grassroots) - hopefully it is the beginning of some positive change.
Check out his speech at a Mumbai university.
http://www.youtube.com/watch?v=t4xFCdOYTv4 - Part 1
http://www.youtube.com/watch?v=3Q6s1R9iBjw - Part 2
http://www.youtube.com/watch?v=k6ZHak1lEr8 - Part 3
Cheers.
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amitjoey
01-13 04:14 PM
Once upon a time in this country ( & based on situation 'at' that time), laws were made and hence some classifications such as EB1/2/3 etc;
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
I'm not here to waste any one's time( including mine) but why shouldn't we ( i mean IV which includes "all" members) try for following
1. Automatic consideration of any EB3 after 5 years of filing date of LC ( conditions being verifiable and clean work history ) to EB2 such as a person in the queue shall be able to apply him/her self by providing facts such as 5 years of W2s, say for example.
2. Any spill over from ROW must "first" be made available to "highly retrogressed EB category" regardless of the country. Simple rule: make the spill over available to "that" EB category where there is most retrogession.
Meaning not the vertical spill as it is happening now
AND
3. Remove the count of dependent family members against number of visas granted per year in any of EB category
IV already has easy, non controversial provisions that takes care of all.
1) Recapture all lost visas.
2) NO Country caps
3) Do not count dependants.
Just these 3 will make all categories current.
more...
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jhaalaa
01-13 02:49 PM
When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
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gopinathan
07-28 10:59 AM
Jayleno - me thinking sane is the reason you didn't hear from me in any malls/WM :) but I was a minority in BWW who believes in waiting till you find like minded people who are looking. cold contacting is just going against human instincts. you can't simply talk to a person about something to get his phone number and call them about this business next day. that is a reg flag right there. i couldn't do it and hence not with this business anymore. many of us are not ready to think about making millions in few short years. some people need to understand that you can't rub that idea with force on another human being.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
I think you are one of the most sane Amway guy I have heard from. Thanks for all the explanation. Now I know I have a problem with BWW and their approach not Amway. Looks like they are good brainbleachers.
in BWW terms, i was a quitter who can't take the business to the next level because I was afraid of rejection (getting a NO from prospects)..
I think you are one of the most sane Amway guy I have heard from. Thanks for all the explanation. Now I know I have a problem with BWW and their approach not Amway. Looks like they are good brainbleachers.
more...
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BPforGC
08-11 01:39 PM
Sir
I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.
I filed my 485 during July 2007 when everything became current.
When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
(or)
Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.
So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?
In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?
Thank you very much.
I got I-140 approved based on EB2-NIW (filed in April 2007). No labor required.
I filed my 485 during July 2007 when everything became current.
When they get to my 485, are they going to process and approve if VISA number is available based on the filing date?
(or)
Then will keep it aside until EB2 for India becomes current based on my I-140 filing date (which is April 2007)? Currently the date for India is June 2006.
So, approving 485 is based on order of filing and VISA number availability or based on priority date at the time of 485 reviewing?
In other words, do USCIS assign VISA numbers only for the petitions whose priority date is current at the very moment when the IO looks into the application i.e., is it prevented by Law to assign VISA numbers to petitions whose priority dates are not current at the time of assigning?
Thank you very much.
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sc3
09-23 04:16 PM
Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation
I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.
If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.
I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.
If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.
more...
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breddy2000
09-24 06:09 PM
If you see the numbers for EB2 ROW there are still 7000 visas pending.
Offcourse many are from 2007 and 2008
How is it possible?Is it not EB2 ROW and EB1 was always current?
1997 1
1998 3
1999 1
2000 11
2001 47
2002 67
2003 69
2004 219
2005 493
2006 973
2007 1,531
2008 3,473
2009 262
Grand Total 7,150
Also EB1 has the following data
1997 4
1998 1
1999 0
2000 1
2001 32
2002 57
2003 32
2004 29
2005 41
2006 135
2007 537
2008 898
2009 710
Grand Total 2,477
Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?
Offcourse many are from 2007 and 2008
How is it possible?Is it not EB2 ROW and EB1 was always current?
1997 1
1998 3
1999 1
2000 11
2001 47
2002 67
2003 69
2004 219
2005 493
2006 973
2007 1,531
2008 3,473
2009 262
Grand Total 7,150
Also EB1 has the following data
1997 4
1998 1
1999 0
2000 1
2001 32
2002 57
2003 32
2004 29
2005 41
2006 135
2007 537
2008 898
2009 710
Grand Total 2,477
Does this mean this data is not accurate as of date. So if it means that all of those applications are approved as of today there are no more EB2 ROW 485 applications pending for FY 2010 apart from the recently filed in PERM stage?
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BMS1
06-26 02:22 PM
There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually
IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....
:D :D :D :D
Probably that is not true. There is something called receipted date (Not RD or Receipt Date). When the applications are received, the mail office affixes a date stamp on applications which is the receipted date. The receipted date should fall on a day where Visa dates must be current. I sent my I485 to reach VSC on Sept 30, 2005 (Retrogression started on Oct 1st, 2005). My RD was somewhere second week of Oct. My son's application was returned for missing check (apparently they lost it) where I noticed the date stamp of Sept 30, 2005 and wrote back to them that it was their mistake. And finally they accepted my son's I485 with an RD of Nov 2005.
IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....
:D :D :D :D
Probably that is not true. There is something called receipted date (Not RD or Receipt Date). When the applications are received, the mail office affixes a date stamp on applications which is the receipted date. The receipted date should fall on a day where Visa dates must be current. I sent my I485 to reach VSC on Sept 30, 2005 (Retrogression started on Oct 1st, 2005). My RD was somewhere second week of Oct. My son's application was returned for missing check (apparently they lost it) where I noticed the date stamp of Sept 30, 2005 and wrote back to them that it was their mistake. And finally they accepted my son's I485 with an RD of Nov 2005.
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chi_shark
09-23 12:44 PM
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Can any of us join this credit union? It appears that one needs to satisfy any one of the 6 requirements (being related to US military) to be able to open an account with penfed. Please let us know if otherwise.
Can any of us join this credit union? It appears that one needs to satisfy any one of the 6 requirements (being related to US military) to be able to open an account with penfed. Please let us know if otherwise.
Marphad
06-08 11:08 AM
employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.
Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.
Actually as per government's official point of view, EB comes on second priority than FB. Family union always comes on first priority.
grupak
02-15 06:42 PM
I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.
Anyone knows of statistics for F1 visas per country? This might fill in some gaps here. My impression was some countries send more F1s than others.
Anyone knows of statistics for F1 visas per country? This might fill in some gaps here. My impression was some countries send more F1s than others.
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