venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
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smuggymba
05-20 11:04 AM
Thank you Rahul..
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?
Thanks
The HR should ask you for the authorization before joining or when you do the HR paperwork. They might be assuming you're a US Citizen.
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?
Thanks
The HR should ask you for the authorization before joining or when you do the HR paperwork. They might be assuming you're a US Citizen.
ameryki
04-08 04:14 PM
yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.
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GCisLottery
01-25 09:56 AM
This forum is becoming a laundry list.
(Yeah, I'm ready to be assaulted)
(Yeah, I'm ready to be assaulted)
more...
usmo
01-06 07:53 PM
I had worked for company A with H1 B status and company A had decided to downside their facility in CA. I had to look for different employer because I wanted to remain in CA. I had found company B after few months of search and had applied for H1 transfer. I am currently working for company B with a pending status. I had been asked from USCIS after filing for H1-b transfer to prove last employment and provide proofs for last three months pay records which I don't have in hand. I still have good relationship with former employer A. My H1-b from company A hasn't been removed eventhough I haven't worked for them for last few months. Is there any way to answer USCIS requirement.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
gcdreamer05
02-17 09:49 AM
How did you come to a conclusion there is a huge rejection rate in chennai ?
more...
Macaca
09-14 10:11 PM
/\ /\ /\
2010 wallpaper Sanrio Hello Kitty
Blog Feeds
09-07 07:00 PM
What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
more...
hpandey
06-23 01:29 PM
If after joining the H1b employer he has travelled out of the country, got the H1 stamping done and then returned to US then he is ok. It is the last admittance that counts . He should be maintaining his status legally since his last entry in US which is more important. Nothing to worry about.
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same_old_guy
11-18 03:00 PM
My employer is not ready to give a copy of I-140. I was wondering if any of you used "The Freedom of Information Act (FOIA)" to get it.
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
more...
EkAurAaya
07-29 10:45 AM
i emailed you some info!
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eucalyptus.mp
02-18 08:11 PM
I want to transfer my H1 , I got aproject . But I dont have Jan Paystub . I have upto Dec 2008. will it cause any problem for transfer
more...
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mike
12-16 11:29 AM
I am using swift 3D and am having trouble achieving my goal. I want on of my objects to go through 2 regular spins while the other object goes through a different regular spin. I have no problem ungrouping them or assingning the original spins. I then moved the keyframes to half of what they were defaulted to in my object that I want to go twice around. But now I cant copy the keyfames or add another spin onto the end. does anyone even know what I'm talking about let alone how to solve my problem? Thanks
mikeskott@yahoo.com
mikeskott@yahoo.com
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srikanth003
02-28 10:59 AM
Yeah, thinking of the same. Hopefully will make a decision soon. Thanks much for your timely answers. Greatly appreciated.
more...
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Anders �stberg
April 8th, 2004, 04:12 AM
Thanks for the suggestions Fred! I applied a bit more sharpening to the head, I think it's not so OOF looking now. I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.
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kaisersose
08-08 09:44 AM
My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
more...
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sukhyani
10-04 10:22 AM
Did he/she send the original Employment letter? What is the PD of your friend?
From what I understood his lawyer did not send the employment letter in the first place. His priority date is Sep 04 ROW, mine is July 04 ROW.
From what I understood his lawyer did not send the employment letter in the first place. His priority date is Sep 04 ROW, mine is July 04 ROW.
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sundar99
02-27 01:41 AM
http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2
Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !
Folks,
RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
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cyclone_p
06-25 01:38 PM
Folks :
My paper EAD application has been rejected twice by USCIS. Here is the thread that discusses that :
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1598364-ead-renewal-rejected-twice-need-advice.html
I have eFiled this time. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
My paper EAD application has been rejected twice by USCIS. Here is the thread that discusses that :
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1598364-ead-renewal-rejected-twice-need-advice.html
I have eFiled this time. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
grp220glx
08-21 11:14 AM
Please see details in signature.
ameryki
07-05 11:37 PM
Hi,
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
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