gclabor07
11-17 03:26 PM
Done.
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unitednations
08-25 03:15 AM
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
dtekkedil
07-05 01:25 PM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
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ujjvalkoul
06-23 05:38 PM
Guys u can mark my words - there will be no relief for Hi Tech Workers, as the policy makers know, if not here we will find comparable jobs elsewhere, and wont make a noise.
It will come down to making a noise in a big way if we have to achieve our immigration goals. When illegals can take to the streets, c'mon we r legal and following the process (which is broken) and we want that process fixed. Is taht asking too much!
Gone are the days when immigrants were welcome in US, although everyone in US is an immigrant, we r the unlucky ones to have been caught in this wave of backlogs, anti-immigrationists and illegals.
It will come down to making a noise in a big way if we have to achieve our immigration goals. When illegals can take to the streets, c'mon we r legal and following the process (which is broken) and we want that process fixed. Is taht asking too much!
Gone are the days when immigrants were welcome in US, although everyone in US is an immigrant, we r the unlucky ones to have been caught in this wave of backlogs, anti-immigrationists and illegals.
more...
.jpg "Who+says+selena+gomez+")
JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
mrsr
07-08 12:28 PM
may be by october we will have some visa numbers at that time they may let us file, rice donot mind loosing 2 or 3 billions to AILF because we are alreading loosing 3 to 4 billions in iraq every month and by now she is get used to it.
more...
Almond
12-16 07:58 PM
I know quite a few people who have gone back in the last year ;), and contrary to perception are quite happy with the choice they made.
That may be so but the number of those who choose to stay/would rather stay is overwhelming compared to those who don't ;)
That may be so but the number of those who choose to stay/would rather stay is overwhelming compared to those who don't ;)
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babyblue
06-15 10:08 AM
We posted our 485 application to Texas service center on May 31st and on 6th June they mailed us the receipt number for me and my wife.
Checks were also cashed on 6th June.
Checks were also cashed on 6th June.
more...
diptam
07-06 12:53 PM
Did you read this post ?
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
http://immigrationvoice.org/forum/showthread.php?t=6053
Folks, I am preparing a draft of the letter to be sent to the media. Any suggestions for points to be included are welcome!
I plan to include some information about the immigration system, details about the fiasco, how it impacted us, what our flowers are meant for.
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needhelp!
02-10 02:19 PM
Sent $25 check via bill pay.
To IV members watching from the sidelines: Contribute now so that IV can expand its efforts to fix this mess!
To IV members watching from the sidelines: Contribute now so that IV can expand its efforts to fix this mess!
more...
TheOmbudsman
06-26 10:32 AM
That's very typical. A while back an employment lawyer here in America told me that during negotiations with a picky employer that in case I felt left out at work, I should argue that the employer was being racist. Usually when people lose arguments in this debate, since one cannot win with reasoning, they start throwing the word "racist", "xenophobe", etc even if that is not the case at all.
Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.
Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.
The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.
I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.
It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.
All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.
If you calling someone racist, please explain why you are saying so.
Santosh
Its not about stereotyping...its about being fair....how can people who have come here illegally be allowed a path to naturalization while we have been waiting in line for so long? I came here because I had a certain idea about the makeup and composition and ideology of this country (liberty, equality, etc.) Making such a move will invariably change the demographic of the nation. Now that would be an intentional act. Not the natural pace at which migration/assimilation and diversification occurs. I have nothing against that.
Would somebody call you racist if you say that you dont want to move to a ghetto because the standard of living is not good? NO. The fact that you dont want to move to a ghetto does not mean that you are prejudiced about the people who live there.
The statement about corruption and inefficiencies is not slander but just a simple observation. If you dont agree with that, then most likely you would prefere to live in/immigrate to some Latin country instead of being here/coming to USA.
I wont open the argument about the burden the illegal people will put on welfare etc. considering that they are typically from a income bracket that does not contribute much to taxes.
It is very easy for people to use a cliched terms like racist/bigots etc when arguing for amnesty but if racism was the core argument against amnesty, one would not see the kind of backlash that one is seeing from the masses after CIR was introduced.
All Americans think it is unfair to reward behaviour that is against the law. Not to mention the fact that they will have to take the burden of welfare of the legalized illegal people while they themselves dont know if there will be any welfare/social security benefits available when they are ready to retire.
If you calling someone racist, please explain why you are saying so.
Santosh
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TomPlate
11-30 09:24 PM
Dear Friend,
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
Trust in God and I will keep you in my prayers every day. After full recovery please do mail us.
more...
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abhijitp
07-08 04:04 PM
No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
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rtarar
02-05 08:01 AM
Called the service center.Muiltiple times.Opened SR twice still no FP yet.
Mine is a NSC->TSC case.
I will try calling them again today.
what else :-(
Mine is a NSC->TSC case.
I will try calling them again today.
what else :-(
more...
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ub27
07-29 08:53 AM
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Just got an e-mail telling my approval notice for EAD was mailed:
Paper filed at TSC on May 22
On July 28, 2008, we mailed you a notice that we have approved this I765
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Munna Bhai
08-14 08:52 AM
All,
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
i received approval for EAD today for myself and wife See sig for details.
congrats, looks like things are moving
more...
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snowshoe
06-15 08:23 AM
My attorney sent our apps on June 1st, I do not have receipt # yet. Also I just gave the attorney one payment for the entire app, hence cannot figure out if the checks were cashed or not.
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GCKaIntezar
06-11 01:30 PM
at some month before OCT 2007 the dates would become unavailable.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
what would happen at that time?
say your case was received by USCIS and they have not issued FP notices.
what if they issued FP notices but not issued EAD and/or AP.
would they still issue an EAD and AP even if your dates are not current(obviously the case was received by them and they issued you a case number)
any ideas?
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
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anzerraja
07-20 12:43 AM
ThinkTwice, tommorow we should get this done.
I know TOGETHER WE CAN GET IT DONE BY TOMMOROW.
The man has put his Job, Personal Life, Money, Time and his soul into this effort.
We cannot give him his time but atleast we can reimburse him financially.
That is the least we can do.
We should target to get 50 contributors tomorrow.
TT.
I know TOGETHER WE CAN GET IT DONE BY TOMMOROW.
The man has put his Job, Personal Life, Money, Time and his soul into this effort.
We cannot give him his time but atleast we can reimburse him financially.
That is the least we can do.
We should target to get 50 contributors tomorrow.
TT.
amitjoey
07-11 07:08 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
ronhira
09-26 07:44 AM
So EB3 indians are idiots?:D
so are we..... everyone in eb2...... we r all the same.....
so are we..... everyone in eb2...... we r all the same.....
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