desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
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maheshmail
07-30 04:26 PM
Many sites. What kind of alerts are you looking for? Vols? Greeks? You can also customize most of the alerts depending on spreads you might be trading. This is possible even in simple option accounts with Level 4 approval.
I have level 3 (spread) approval from TD. I am looking to get trade signals like Zacks for Options.
I have level 3 (spread) approval from TD. I am looking to get trade signals like Zacks for Options.
Karthikthiru
07-10 08:42 PM
http://www.immigration.com/newsletter/rajiv_notes_485_filing.html
An interesting update. This is just posted on his site
Karthik
An interesting update. This is just posted on his site
Karthik
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smartboy75
10-12 05:17 PM
or may be a virus attack ... too coincidental to have sent notice on same day ...
my 1.9 cents ...
Not really.
It is a learning phase for everyone here at IV...
Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...
I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.
The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.
Live and learn...
my 1.9 cents ...
Not really.
It is a learning phase for everyone here at IV...
Before this issue was raised no one had heard about it....but now after 50 replies and 6000 views ..we have more insights regarding USCIS procedure...
I would encourage everyone to create induvidual portfolio on USCIS website and make sure you add every receipt you have ever received and set email update on the same that way you are aware of happenings on your case.
The way USCIS works, the benificiary is usually kept in the dark unless information is needed from the benificiary.
Live and learn...
more...
pa_arora
01-31 02:02 PM
i had 25 of my friends voted for it and now its on number 3 and 11 respectively.
WOOOO HOOOO.
WOOOO HOOOO.
siravi
01-30 04:48 PM
Voted (for currently Q. 11)
more...
PlainSpeak
04-19 07:26 PM
Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.
getgreensoon1....
Do you even think before you open your mouth !!!!!!!!! ????????
getgreensoon1....
Do you even think before you open your mouth !!!!!!!!! ????????
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ronhira
01-11 02:38 PM
I'm not sure if anyone knows but that is what Ronhira does. Hijacking the topic, calling everyone anti-immigrants is his forte'.....don't waste your time in replying to him.
Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.
thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past
Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.
thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past
more...
santb1975
03-14 01:16 AM
I got responses from pappu and Logiclife during the months of december and january. I didn't ask them any questions in Feb. so I did not notice they were quiet.
And the drama continues...
All I had asked was how the older IV core members were doing as I hadn't seen them online in over a year. But as usual a simple question like that and a request for some updates kicks up a storm!!
Once again, this was not to start a storm. I honestly just wanted to find out how the older core members were doing. WaldenPond, thanks for your first response.
And the drama continues...
All I had asked was how the older IV core members were doing as I hadn't seen them online in over a year. But as usual a simple question like that and a request for some updates kicks up a storm!!
Once again, this was not to start a storm. I honestly just wanted to find out how the older core members were doing. WaldenPond, thanks for your first response.
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ronhira
01-11 02:38 PM
I'm not sure if anyone knows but that is what Ronhira does. Hijacking the topic, calling everyone anti-immigrants is his forte'.....don't waste your time in replying to him.
Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.
thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past
Click on his profile and check out "all posts by this user". You will know his contribution. I pray that he gets his GC soon and gets out of here.
thank u thank u thank u..... please pray for me..... it might work where dos has has failed since sep-09, just 19 days away..... i promise to not bother u after i get my gc.... did i rub u the wrong way in the past
more...
BMS
01-30 01:28 PM
With I140 PP
H1/H4 decoupling
is this helping us!
will the next step help EB2 EB3 retro
tried of waiting and reading the news
H1/H4 decoupling
is this helping us!
will the next step help EB2 EB3 retro
tried of waiting and reading the news
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desi3933
01-29 01:01 PM
desi - from your posts - you always seem to look at things from all sides and your perspectives and views tend to look like "perfect law in perfect world"
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.
One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.
My views may be *bookish*, but they are based on lot of experience behind them.
BTW, I work full time for Fortune-50 company (Finance area).
_______________________
US citizen of Indian origin
Not a legal advice.
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.
One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.
My views may be *bookish*, but they are based on lot of experience behind them.
BTW, I work full time for Fortune-50 company (Finance area).
_______________________
US citizen of Indian origin
Not a legal advice.
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Macaca
11-27 01:21 PM
From The amero conspiracy Behind closed doors, a secret cabal is planning the end of the United States as we know it. Inside a paranoid vision for our time By Drake Bennett | Boston Globe, November 25, 2007: 1 (http://immigrationvoice.org/forum/showpost.php?p=198390&postcount=479) 2 (http://immigrationvoice.org/forum/showpost.php?p=198390&postcount=480)
Corsi's warning cry and gift for detail have given the theory traction in circles where anxieties about immigration and corporate oligarchy intersect. Lou Dobbs, whose CNN show portrays both free trade and increased immigration as sops to multinational corporations and body blows to the middle class, has devoted investigative segments to the NAU, the amero, and the NAFTA Superhighway.
From How Trade Breakthrough Almost Broke Down in Congress (http://immigrationvoice.org/forum/showpost.php?p=198072&postcount=460) By Juliet Eilperin | Washington Post Staff Writer, November 22, 2007
Rangel said, adding that opponents of free trade on CNN and elsewhere have effectively linked recent U.S. job losses to trade pacts. "It's the Lou Dobbs thing: 'It's all due to trade.' "
Corsi's warning cry and gift for detail have given the theory traction in circles where anxieties about immigration and corporate oligarchy intersect. Lou Dobbs, whose CNN show portrays both free trade and increased immigration as sops to multinational corporations and body blows to the middle class, has devoted investigative segments to the NAU, the amero, and the NAFTA Superhighway.
From How Trade Breakthrough Almost Broke Down in Congress (http://immigrationvoice.org/forum/showpost.php?p=198072&postcount=460) By Juliet Eilperin | Washington Post Staff Writer, November 22, 2007
Rangel said, adding that opponents of free trade on CNN and elsewhere have effectively linked recent U.S. job losses to trade pacts. "It's the Lou Dobbs thing: 'It's all due to trade.' "
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arc
02-01 01:20 PM
Yes I agree with you legal immigration is not only EB category, but EB+spouse+child category is the largest when we say Legal Immigration, plus questions are posed by Engineers & Doctors and that automatically tells the person who is reading that it is about EB category. But you are welcome to form your questions and post and we will make sure that that becomes popular. If you see the situation from where I am standing the glass is half full my friend!
Hope things are going well with you, your research and wisdom is always appriciated.
----------
Employment based immigration is a very small part of legal immigration.
Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).
1,266,264 immigrants were granted legal residence in 2006.
159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.
However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.
The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.
The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).
Employment based immigration is legal. However, it may help to add legal to the title.
Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!
If you just ask for improving legal immigration, they will improve family based or asylum.
As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!
Hope things are going well with you, your research and wisdom is always appriciated.
----------
Employment based immigration is a very small part of legal immigration.
Here is a break down of legal immigration #s for 2006 according to Yearbook of Immigration Statistics, published by Department of Homeland Security's (DHS) Office of Immigration Statistics (OIS) (available at Spotlight on Legal Immigration to the United States (http://www.migrationinformation.org/USfocus/display.cfm?id=651) By Gretchen Reinemeyer and Jeanne Batalova | Migration Policy Institute, November 2007).
1,266,264 immigrants were granted legal residence in 2006.
159,081 immigrants who received green cards through sponsorship from their US employers accounted for 12.6% of all legal permanent residents.
However, 87,702 (or 55.1%) of the employment-sponsored immigrants were spouses and children of principal applicants.
The share of employment-preference immigrants has varied between 3.3 percent (59,525) in 1991 and 22 percent (246,878) in 2005.
The other categories are family preference (802,712), refugee + asylee (216,454), Immigration Reform and Control Act (IRCA) of 1986 + parolees (43,546) and Diversity Lottery (44,471).
Employment based immigration is legal. However, it may help to add legal to the title.
Employment based immigration is skilled. I think employment based immigration includes cooks, priests, .... They consider themselves to be skilled just like everyone else!
If you just ask for improving legal immigration, they will improve family based or asylum.
As some persons learnt yesterday, legal immigration has very low priority as compared to undocumented. Similarly, employment based immigration has no priority in legal immigration!
more...
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nik.patelc
04-04 12:11 PM
Does USCIS send RFE for both primary & dependent applications, if it is related to Employment?
Gurus, any advise.
Gurus, any advise.
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eb3retro
06-18 07:44 PM
bought AIG insurance..twice, my dad had severe hand pain and could not take him to a doctor, cos, the docs wont accept visitors medical insurance without a cash deposit. then i tried to get pre-certification from AIG, for which they would not give it, so its a catch 22...so screw it, even if ur parents fall sick, all of a sudden when they are in the US, take them to the emergency, there is no system in place for medical insurance for visitors, every other insurance is a scam..so dont even have any hopes..just do what u need to do..there are lots of times, this country does not allow us to live more than 6 years being on h1 without a freakin green card, we have paid lots and lots of taxes which we will never claim..so, this is how they repay.
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delhirocks
07-14 05:33 PM
Good to know...good job guys...
Just got back from the rally, i would say it was a big success. Media coverage on the issue was fantastic. I saw the ABC7 news truck. There were many reporters from SJ Mercury news, SF Chronicle etc. Crowd was good, dont want to speculate on numbers yet but we should have an official word soon.
Police were very friendly. The crowd was very enthusiastic and also obeyed the rules. All of us stayed on side walks. Logiclife and Frankilin among others were there. Many reporters spread out and spoke to people.
Lot of members from another groups called Immigration Rights also joined us.
We got lot of honks. !!!!!!!!!!!!!!!!!!!!!!!!!1
Great JOB IV and everyone.
A
Just got back from the rally, i would say it was a big success. Media coverage on the issue was fantastic. I saw the ABC7 news truck. There were many reporters from SJ Mercury news, SF Chronicle etc. Crowd was good, dont want to speculate on numbers yet but we should have an official word soon.
Police were very friendly. The crowd was very enthusiastic and also obeyed the rules. All of us stayed on side walks. Logiclife and Frankilin among others were there. Many reporters spread out and spoke to people.
Lot of members from another groups called Immigration Rights also joined us.
We got lot of honks. !!!!!!!!!!!!!!!!!!!!!!!!!1
Great JOB IV and everyone.
A
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vikram2101
08-22 01:44 PM
Here's an anecdote -
This was back in the late 80s, when I was growing up - in Bangalore.
India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.
Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..
But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?
This was back in the late 80s, when I was growing up - in Bangalore.
India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.
Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..
But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?
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raj2007
06-16 01:07 AM
Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....
This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...
My PD is Dec 2005. I have 2 more years of valid H1B visa time.
Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's
1) Is my H1 going to be valid after I get my EAD approved?
Yes h1 will be valid.
2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
No you can still maintain both the status. H1 gt invalidated only if you use EAD for other job.
3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?
She can enter on H4 and it is not possible to get I-485 approcal with PD current.
The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???
No queries..it is very common so you will be OK.
This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...
My PD is Dec 2005. I have 2 more years of valid H1B visa time.
Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's
1) Is my H1 going to be valid after I get my EAD approved?
Yes h1 will be valid.
2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?
No you can still maintain both the status. H1 gt invalidated only if you use EAD for other job.
3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?
She can enter on H4 and it is not possible to get I-485 approcal with PD current.
The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???
No queries..it is very common so you will be OK.
kartikiran
08-15 05:34 PM
I was looking at the recent forum posts and there was no discussions about EB3 listed. Thought would "BUMP" this to bring the EB3 plight on the top...
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:
tampacoolie
07-30 08:38 PM
Company tax returns can only show the NET INCOME . You need an Audited Financial Statement prepared by a CPA to show NET ASSETS
Box F in 1065 form has TOTAL ASSETS field. Form 1065 is for the Partnership firm. Why not other companies tax return will not have this field?. I just got an RFE on my I-140 requesting 2006 tax return.
Box F in 1065 form has TOTAL ASSETS field. Form 1065 is for the Partnership firm. Why not other companies tax return will not have this field?. I just got an RFE on my I-140 requesting 2006 tax return.
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