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.
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iptel
05-24 07:22 PM
Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
Are we sure that we are refering to right bill S 1348 by Harry Reid seems to be pro-High skilled immigrant
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The text of part of legistlation is as follows
(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A)(i) 450,000, for each of the fiscal years 2008 through 2017; or
`(ii) 290,000, for fiscal year 2018 and each subsequent fiscal year;
`(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
`(C) the difference between--
`(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
`(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005
ssss
03-26 03:21 PM
I am not sure if I can get GC in 2011
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gclongwaytogo
10-11 05:19 PM
Dont know how far it is true, but I always look at that website. And usually they update the happenings quickly. And most of the time it is correct too.
And in my office, they applied for three of us and one has got the RNs. But we haven't. Attorney says that she has got RNs for her clients who applied in August. And asked me to wait, as nothing else can be done at this point.
And in my office, they applied for three of us and one has got the RNs. But we haven't. Attorney says that she has got RNs for her clients who applied in August. And asked me to wait, as nothing else can be done at this point.
more...
crazyghoda
06-26 11:05 AM
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)
I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.
conchshell
07-11 01:55 AM
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
more...
kshitijnt
05-01 08:03 PM
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
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chem2
08-15 10:48 PM
EB3, Jan 2004
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
Chem2, can you please share your PD and EB category ?
Just wondering if EAD approvals are faster for EB2.
more...
panky72
09-17 05:42 PM
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
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reddymjm
06-12 11:55 AM
I filed 485/EAD/AP on May 31st and TSC received on June 1st. My checks haven't been cleared yet. TSC is said to be the slowest one. In a chinese forum, several people whose PD became current on June 1st got 485 approved recently. Their cases were all transferred to NSC recently.
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
BTW, how long will it take to get EAD? I sort of remember that it takes at most 3 months.
As far as i heard TSC is the fastest man. NSC is the snail...
more...
PlainSpeak
02-23 08:57 AM
It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"
True the chance of another July 2007 happening is very dim as USCIS has learnt their lesson. Also they have a better estimation of the pending count.
I myself have EAD and i support 485 filing without priority date getting current. Even though in the final GC scheme of things that puts a whole bunch of more peope ahead of me, I still support it. At least an EAD lets you chnage a job after 180 days albeit in the same job specification.
Maybe IV Core has some idea about that (485 filing without PD current) and how it will pan out. Talk to them
True the chance of another July 2007 happening is very dim as USCIS has learnt their lesson. Also they have a better estimation of the pending count.
I myself have EAD and i support 485 filing without priority date getting current. Even though in the final GC scheme of things that puts a whole bunch of more peope ahead of me, I still support it. At least an EAD lets you chnage a job after 180 days albeit in the same job specification.
Maybe IV Core has some idea about that (485 filing without PD current) and how it will pan out. Talk to them
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silveroaks
02-13 04:55 PM
I have donated 50$ by check today and will try to make it there.
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.
Thanks,
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.
Thanks,
more...
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english_august
07-09 04:59 PM
here's a writeup for reporters.
You might want to use the well formatted documents on this thread
http://immigrationvoice.org/forum/showthread.php?t=6248
They incorporate most of your arguments here.
You might want to use the well formatted documents on this thread
http://immigrationvoice.org/forum/showthread.php?t=6248
They incorporate most of your arguments here.
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Leo07
11-21 09:42 AM
Mehul,
All the suggestions/information in these forums is from peoples personal experiences. Yours is a very unfortunate situation, please rely only on a first-hand information from an attorney.
God will help you. Have Faith.
God Bless you!
All the suggestions/information in these forums is from peoples personal experiences. Yours is a very unfortunate situation, please rely only on a first-hand information from an attorney.
God will help you. Have Faith.
God Bless you!
more...
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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.
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FrankZulu
08-25 12:39 PM
Folks
Can anyone advise on what docs to take along for an Infopass appointment?
The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.
Thanks for any advise and guidance.
Photo ID (Lic. or PP)
Can anyone advise on what docs to take along for an Infopass appointment?
The result of my SR was a recommendation by them to set up an Infopass. Going there this Friday.
Thanks for any advise and guidance.
Photo ID (Lic. or PP)
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amitjoey
05-23 04:31 PM
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
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reddog
05-08 03:28 PM
I'm so thrilled that this happened ... I actually expected this to happen ........ Not sure why they didnt simply make it U .... Hopefully will spur all the EB2 folks to do something rather than thinking that the problem is only for unfortunate EB3 filers :)
i hear you.
i hear you.
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kannan
05-07 04:00 PM
Last Friday I called Customer Service Center and told them that I did not get FP and Biometrics .I used the words that I was depressed ,worried and all others who applied after me got FP but I did not get it ,my son going to be 21etc .......Finally Male IO scheduled FP immediately for me and my family on May 16.I saw LUD on Friday itself and another Lud on sunday ,today I got the letter.
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Options That I choose
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pappu
05-23 11:32 AM
Logiclife,
Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.
Also i will reformat the template in Word and fax it to 12 senators.
Those are important in the priority. We want to encourage everyone to send to all senators.
Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.
Also i will reformat the template in Word and fax it to 12 senators.
Those are important in the priority. We want to encourage everyone to send to all senators.
gondalguru
09-02 07:33 PM
Received the EAD cards today in mail for me and my wife.
Valid for 2 years.
Applied at TSC with RD of July 7th.
Valid for 2 years.
Applied at TSC with RD of July 7th.
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