gc28262
01-28 04:39 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
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fide_champ
12-23 02:57 AM
My wife went for H4 visa on Dec 19. I booked flight ticket on 28th. So it seems like I need to postpone the date by at least a week.
Your comments are welcome...Thanks!!
That's too short a wait. You have to give atleast 10 working days to be safe. It takes 7 working days for many people these days and if you are lucky you can get it sooner than that.
Your comments are welcome...Thanks!!
That's too short a wait. You have to give atleast 10 working days to be safe. It takes 7 working days for many people these days and if you are lucky you can get it sooner than that.
ashishgour
09-17 11:37 AM
Guess they are reaching a bi-partisan consent about giving discretion to judges...hopefully this gets done soon..we shud be up next..
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add78
04-28 09:37 AM
It's not just 180 daysd before the application, it also includes 180 days AFTER the application.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
This is the current section on 90 days period
(E)(i) In the case of an application described in clause (ii),
the employer did not displace and will not displace a United States
worker (as defined in paragraph (4)) employed by the employer within
the period beginning 90 days before and ending 90 days after the
date of filing of any visa petition supported by the application.
And the ammendment in the new bill
(1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
(A) in clause (i)--
(i) by striking ``90 days'' both places it appears and inserting ``180 days'';
Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.
more...
thepaew
12-13 03:53 PM
I agree. I feel that the only thing that would be acheived if IV became a paid website is loss of membership. Then our PR documents will start with "IV is an organization of 200 members who are affected by ... "
Human nature is such that a few lead and others follow. We should recognize this and move on.
Human nature is such that a few lead and others follow. We should recognize this and move on.
javadeveloper
11-25 12:07 AM
i am working on H1B and my wife is on H4, she was not included in 485 yet so she is not having EAD, can i change status from H1B to EAD, please advice.
Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help
Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help
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Khujaokutta
03-26 10:44 PM
People may get LUD (not trying to demoralize just facts), but with this recession....koi chance naheeen of any date movement.......bullietin or no bullietin...just cut and past of past month.......as far as i am concerned, first my id was kutta, now its Khujao Kutta due to the itch caused by the GC wait....dont know what the id will be next...in short wait will continue....:D
2010 Nothing much to report today,
looneytunezez
04-29 08:03 PM
2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).
Thanks for this info, but I am a million miles away from ever thinking about these.
Just out of curiosity, why "shred" photocopies, except maybe for better document management and not drowning in paper? :D
Is there some ramification towards citizenship?
btw, Congrats on GC. :cool:
LT
Thanks for this info, but I am a million miles away from ever thinking about these.
Just out of curiosity, why "shred" photocopies, except maybe for better document management and not drowning in paper? :D
Is there some ramification towards citizenship?
btw, Congrats on GC. :cool:
LT
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prasadn
10-30 05:00 PM
hi,
Will it be ok to take zerox copy of Green card both Front and Back of the card. I am not sure whether I can take copy of back side of the Greencard...
Can somebody post their experience.
Thanks
You want to know the "experiences" of people on how to take a photocopy ? I believe you got your GC in EB-2 category, so you should be skilled enough to know this.
Will it be ok to take zerox copy of Green card both Front and Back of the card. I am not sure whether I can take copy of back side of the Greencard...
Can somebody post their experience.
Thanks
You want to know the "experiences" of people on how to take a photocopy ? I believe you got your GC in EB-2 category, so you should be skilled enough to know this.
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mallu
12-04 10:47 PM
Here is the link to Cao v. Upchurch ruling.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.
http://www.paed.uscourts.gov/documents/opinions/07D0833P.pdf.
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needhelp!
03-13 11:43 AM
This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
You can join one of the existing state chapters for now.
For those who are not able to put their faith in the efforts of the IV Core, too bad you didn't volunteer and participate in lobby day last September.
If you had been there, you would not suspect the motives or say things like they are taking credit for good news etc.. It is very disappointing to hear that.
I think it is reasonable that we won't be getting day-to-day updates and details on the background efforts. From my side, I have enough trust in the organization that when IV asks for the participation of the community, I will support it whole-heartedly.
Thank you
You can join one of the existing state chapters for now.
For those who are not able to put their faith in the efforts of the IV Core, too bad you didn't volunteer and participate in lobby day last September.
If you had been there, you would not suspect the motives or say things like they are taking credit for good news etc.. It is very disappointing to hear that.
I think it is reasonable that we won't be getting day-to-day updates and details on the background efforts. From my side, I have enough trust in the organization that when IV asks for the participation of the community, I will support it whole-heartedly.
hot If the Footy show#39;s Sam Newman
cal97
07-19 07:58 PM
Did not quite understand your response. I looked in immigration.com before requesting you. If you know the thread please let me know I can look further by myself.
Thanks!
Look in home and post.
Thanks!
Look in home and post.
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house Heres an article just to show
sledge_hammer
07-16 10:55 AM
Done...
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Desertfox
10-04 03:16 PM
Not a single post to counter kumar1's argument!!! I wonder where the interfiling opponent MS/PHDs are gone!:confused:
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
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pictures Wood Plank. [Show as slideshow
number30
05-09 12:44 AM
How is that getting a citizenship is an achievement?
For that matter nothing is an achievement. if Some one gets a baby everyone greets him. Is that an achievement? If you buy a house you are happy. Is that an achievement? For some people coming to US was an achievement. Some people think getting a green card. We see all congratulation message when someone get his GC.
So Please be broad minded. It may be nothing for you. But for some people it is an achievement. People like me are happy by achieving small things. This may nothing for you But it is good reason for the celebration for the people like us.
For that matter nothing is an achievement. if Some one gets a baby everyone greets him. Is that an achievement? If you buy a house you are happy. Is that an achievement? For some people coming to US was an achievement. Some people think getting a green card. We see all congratulation message when someone get his GC.
So Please be broad minded. It may be nothing for you. But for some people it is an achievement. People like me are happy by achieving small things. This may nothing for you But it is good reason for the celebration for the people like us.
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wantgc23
07-30 06:27 PM
I am not a chartist or day trader if that is what you want to know. I have worked in high frequency Stat-Arb trading which also does micro caps sometimes.
smisachu,
Where can one learn about high frequency trading ? Can you suggest books that mathematically model various instruments price movements such as stocks, options and futures ?
Thanks in Advance!
smisachu,
Where can one learn about high frequency trading ? Can you suggest books that mathematically model various instruments price movements such as stocks, options and futures ?
Thanks in Advance!
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makeup a balcony while planking.
gc_peshwa
01-10 12:22 PM
That seems to be the way where this is heading. Would this be another july fiasco?.
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
girlfriend showing a man planking on
sriharirag
07-17 10:31 PM
Can we also add a section that says that H1Bs also pay taxes...including medicare and SS?
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jkays94
06-07 06:39 PM
100% agreed. Illegal immigrants do not have any rights/privileges.
The US constitution guarantees the basic rights enshrined within it to all within its borders irrespective of nationality or immigration status. The claim that the undocumented do not have rights is one propagated by Lou Dobbs and other anti-immigrationists. This is why it is possible for an undocumented worker to file a discrimination complaint with the EEOC and win for example.
The US constitution guarantees the basic rights enshrined within it to all within its borders irrespective of nationality or immigration status. The claim that the undocumented do not have rights is one propagated by Lou Dobbs and other anti-immigrationists. This is why it is possible for an undocumented worker to file a discrimination complaint with the EEOC and win for example.
snathan
04-26 03:13 PM
http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
I posted my commnets on thiss....did you.
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
I posted my commnets on thiss....did you.
gc_check
07-12 06:00 AM
USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..