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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satishku_2000
06-09 03:21 PM
I dont know any one of you guys personally but I am happy for you folks who are able to file AOS after a long wait.. Good luck for you ....Please continue to support IV ...:):D :cool:
willwin
07-28 10:54 AM
This thread was opened for working on Action Item. EB2-I community is giving all stupid reasons to divert us from our Action Item. Please stay focused and lets work on Action Items.
We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.
Thanks.
Send flowers to DOS/USCIS thanking them for holding us at 2001 and thank them in advance for having decided to hold us at 2001 in 2009.
May be guys in 2001 and 2002 can send them something bigger/better - send them tree saplings.May be you guys will get your GC when those trees yield.
We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.
Thanks.
Send flowers to DOS/USCIS thanking them for holding us at 2001 and thank them in advance for having decided to hold us at 2001 in 2009.
May be guys in 2001 and 2002 can send them something bigger/better - send them tree saplings.May be you guys will get your GC when those trees yield.
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conchshell
02-26 12:53 PM
Last year we started a major membership campaign in Colorado. People kind of agreed that IV is the appropriate platform for this crusade, and they were willing to contribute money, but only if they see required transparency in the IV organization. Members of the state chapters have so far not heard about how the contributed money is spent, and what kind of lobbying took place in Washington.
Is good to hear the cheers of "IV is our only hope", and yes in one way it is, but unless we bring required reform to IV, the status quo will maintain. That is several years since its inception : limited number of paying members, half hearted participation in various campaigns, and inactive state chapters.
Is good to hear the cheers of "IV is our only hope", and yes in one way it is, but unless we bring required reform to IV, the status quo will maintain. That is several years since its inception : limited number of paying members, half hearted participation in various campaigns, and inactive state chapters.
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rbharol
10-24 04:17 PM
As we get closer to election day it seems that Democrats will have control of the Congress. All the polls that have been and are being conducted show that the Democrats are leading the Republicans by double digits.
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
If Democrats win the CIR will get through but the there will be a huge backlog as there arent enough people at USCIS to do the work, which in a way is retrogession. There will be relief for people with advanced degrees but on paper only.As it will still take years for their paperwork to get through USCIS, others will be in a worse situation as the waiting line would be huge.
If Republicans win there will be no CIR as pointed out by others in the thread. However, SKIL might get through and that will help shorten the waiting period for people without advanced degrees.
Based on my analysis (which might be completely wrong), I think we are better off with Republicans.
You may be right but world does not run as per our wishes.
If it did, I would wish only those senators and Congressmen getting elected who would support SKIL Bill :) No matter what party they belong to!
bhavinkanani
07-06 07:59 PM
Mine reached Texas at July 3rd 9-30 a.m. it was mailed on JUNE 30th via DHL for next day delivery but as per DHL they had routing discrepancy (or my bad luck) and they delivered it on JULY 3rd instead of JULY 2nd..any one out there with JULY 3rd delivery..any updates for them..
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nuke
10-23 02:41 PM
FYI Lame duck session is going to start on Nov 9th.
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gch
05-28 12:44 PM
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kshitijnt
05-09 09:26 PM
Dear Mr. President:
This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.
Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?
I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.
My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.
Sincerely,
This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.
Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?
I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.
My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.
Sincerely,
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raj3078
11-21 11:44 AM
Hello Mehul,
As everyone, I was lost to find words writing this email. I think, you need to consult a good lawyer to begin....Hope things work out for you.
Raj
As everyone, I was lost to find words writing this email. I think, you need to consult a good lawyer to begin....Hope things work out for you.
Raj
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designflaw
09-14 04:46 PM
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?
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GCNaseeb
08-30 05:55 PM
Some one should create or re-create the thread at Members only forum so it will be seen from the main page.
Please create link to main page Forum So that everyone can access easily.
Please create link to main page Forum So that everyone can access easily.
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GKBest
10-12 08:02 PM
Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
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Karthikthiru
09-14 12:08 AM
I am in for it
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BharatPremi
12-15 11:09 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
A: I suggest you to have a trip in India and visit some places like Dharavi,
Mumbai. If you do not want to go to India, Just take a trip to Brooklyn, NY
You will see lots of souls in a such condition, you will start feeling better.
I would not say this is nice way to feel good but that is the qucikest thing
I can think of. What I mean to say is do not feel hopeless as you are in a
way better condition than millions. And those millions have not lost hope
and faith. Yes, you do not have GC so I also do not have GC. I do not
have assets like what Bill Gates or Anil Ambani has. So now I get a good
reason to depress and feel hopeless. Should I start feeling depressed?
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
Ans: World history is full of events when people have done and made success
against all odds. Have confidence and faith in yourself. Stand up to
challenge the problems and entities who impose the problem on you.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Question: Have you done anything good for India or planning to do any good
for USA? Or it is always about yourself?
Have invested too much of time in this country to just pack up and go.
Q: As per your claim, India has not done good to you with comparison to USA.
Are you planning to go back to India after packing up? Just curious.
Just curious if any of you feel this way? How do you handle such depressing feelings?
See the answers and hope my answers do not depress you.
A: I suggest you to have a trip in India and visit some places like Dharavi,
Mumbai. If you do not want to go to India, Just take a trip to Brooklyn, NY
You will see lots of souls in a such condition, you will start feeling better.
I would not say this is nice way to feel good but that is the qucikest thing
I can think of. What I mean to say is do not feel hopeless as you are in a
way better condition than millions. And those millions have not lost hope
and faith. Yes, you do not have GC so I also do not have GC. I do not
have assets like what Bill Gates or Anil Ambani has. So now I get a good
reason to depress and feel hopeless. Should I start feeling depressed?
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
Ans: World history is full of events when people have done and made success
against all odds. Have confidence and faith in yourself. Stand up to
challenge the problems and entities who impose the problem on you.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Question: Have you done anything good for India or planning to do any good
for USA? Or it is always about yourself?
Have invested too much of time in this country to just pack up and go.
Q: As per your claim, India has not done good to you with comparison to USA.
Are you planning to go back to India after packing up? Just curious.
Just curious if any of you feel this way? How do you handle such depressing feelings?
See the answers and hope my answers do not depress you.
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YesGC_NoGC
06-27 10:48 AM
So they are bining you for 1 year after getting the GC. What is you leave them prior to getting GC that's after 180 days of filing?
or remain on the bench by not clearing the interview and see for how long they can continue to pay you!!
May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....
But signing a binding contract for an indeterminate period ( I yr after GC)
is making me worried !!
or remain on the bench by not clearing the interview and see for how long they can continue to pay you!!
May end i had 11 day bench but they paid in full... They are good in some aspects that's why i stayed with them for 2.5 yrs....
But signing a binding contract for an indeterminate period ( I yr after GC)
is making me worried !!
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snathan
02-12 06:31 PM
So far $1805...come on guys
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indigokiwi
02-25 03:58 PM
Contributed another $50 (Transaction ID: 71P262761L0967946)
Tony, what is the deadline for raising the money?
Tony, what is the deadline for raising the money?
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WaitingYaar
02-07 11:21 AM
If you use AP you enter the US as a "parolee". (Is that how you spell it?).
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
If you use AVR I believe you enter as an H1B. I would prefer to enter as an H1B
since I have not yet used my EAD or AC21.
To clarify - are you suggesting that it is advisable to use AVR if you have both AP and AVR, and you have not used EAD or AC21 so far. Also, my spouse and myself could be returning at different times in to the country from Canada. Does this change the preference of using either AVR or AP. Since I am the primary applicant but of course we plan to land together.
stuckinretro
09-02 03:37 PM
Applied: July'23rd 08
RD: July'23rd 08
AD: Sep'02 08 CPO email
RD: July'23rd 08
AD: Sep'02 08 CPO email
mita
08-18 01:21 PM
BOTTOM LINE:
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
If one receives the card than don't worry about ADIT processing.
Those who are seeing the 'Welcome Notice malied' status have ADIT mentioned in the Case Status online. There is NOTHING to be done at your end except waiting for the cards once your case is approved. USCIS will NOT approve a case unless the FP is complete - refer to the 485 adjudicator field manual.
Just like their legacy IT systems, USCIS standard email messages are also in the same league and have not been updated. Wait for the cards and contact USCIS only if you dont receive them in a reasonable amount of time - read two weeks from case approval date.
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