gc28262
01-28 05:15 PM
Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?
Here is the pdf link again
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
Referring to the document.
1. AAO is under USCIS ( I assume )
2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.
Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.
Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.
Anyways let us wait and see.
Here is the pdf link again
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
Referring to the document.
1. AAO is under USCIS ( I assume )
2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.
Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.
Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.
Anyways let us wait and see.
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indianabacklog
06-11 10:01 AM
Your auto insurance company are the best people to talk to right now initially. They can provide excellent legal advice for which you have paid in your premiums.
The amount is extortionate and as long as you do not ignore this it can be resolved I am sure. In all honesty it sounds as if they thought hey we only have two years to sue so lets do it now so it does not look as if we waited till the last minute. Otherwise why would they wait so long to file the claim. Herniated discs do not appear at a later date they are a thing of the present, i.e. at the time of impact.
With regard to your green card I cannot imagine it will have any impact at all. You have not committed any crime, you had an auto accident. These happen every day to thousands of green card holders and applicants and if they resulted in deportations the immigrant community would probably be aware of them.
The amount is extortionate and as long as you do not ignore this it can be resolved I am sure. In all honesty it sounds as if they thought hey we only have two years to sue so lets do it now so it does not look as if we waited till the last minute. Otherwise why would they wait so long to file the claim. Herniated discs do not appear at a later date they are a thing of the present, i.e. at the time of impact.
With regard to your green card I cannot imagine it will have any impact at all. You have not committed any crime, you had an auto accident. These happen every day to thousands of green card holders and applicants and if they resulted in deportations the immigrant community would probably be aware of them.
Raju
04-07 03:31 PM
I made four of my friends to contribute and I ask you guys to urge your friends. I guess, you may not be able to contribute $500, but you certainly can try to make 4 of your friends to contribute
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chanduv23
06-03 12:13 PM
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
Definitely - some "comforting words after the person went through so much stress" looks like the officer knows what exactly to write :)
It is like a cardiologist saying "I can fix any kind of heart except a broken heart" :) :) :)
Thank you for sharing your story.
Definitely - some "comforting words after the person went through so much stress" looks like the officer knows what exactly to write :)
It is like a cardiologist saying "I can fix any kind of heart except a broken heart" :) :) :)
more...
puvathoor
12-13 12:55 PM
I like the idea of an annual $100 fee to join.. that way all members have contributed.
Secondly, i think while a forum method is good, the Administrators should stop posting vitriolic messages ( For Ex: " I cannot believe people are not donating" / " you should be ashamed.." and such).. This creates a very childish image for this organization.
If there are 25k members and your funding drive is for $30k, why don't you accept $5 and $10 donations?.. Why only $100 or above?.. With 25k members, if we start a drive to donate $1 / member and only 1 in 10 respond, you will reach your funding goal.
My thoughts..
Secondly, i think while a forum method is good, the Administrators should stop posting vitriolic messages ( For Ex: " I cannot believe people are not donating" / " you should be ashamed.." and such).. This creates a very childish image for this organization.
If there are 25k members and your funding drive is for $30k, why don't you accept $5 and $10 donations?.. Why only $100 or above?.. With 25k members, if we start a drive to donate $1 / member and only 1 in 10 respond, you will reach your funding goal.
My thoughts..
easygoer
07-16 02:06 PM
[QUOTE=InTheMoment;337297]Thanks for the compilation.
That said, with the AC21 portability, once an employee is working in the sponsor company for more than 180 days after I-485 filing (and possibly years before that) the issue of staying on with the sponsor for 6 months to 1 year is a completely moot point!
Good point 'InTheMoment'. I may receive my GC next month or within 2-3 months. If I leave my company (as I have a very good offer which I may lose if I do not accpet) within say 2 months, what problem this may cause at the time of Citizenship? Apart from six months rule, do we have a practical example of someone having trouble geting Citizenship if leave my sponsored empoyer immediately after getting Green Card.
That said, with the AC21 portability, once an employee is working in the sponsor company for more than 180 days after I-485 filing (and possibly years before that) the issue of staying on with the sponsor for 6 months to 1 year is a completely moot point!
Good point 'InTheMoment'. I may receive my GC next month or within 2-3 months. If I leave my company (as I have a very good offer which I may lose if I do not accpet) within say 2 months, what problem this may cause at the time of Citizenship? Apart from six months rule, do we have a practical example of someone having trouble geting Citizenship if leave my sponsored empoyer immediately after getting Green Card.
more...
jkays94
06-07 07:08 PM
When employees post for job, they might say �need a citizen or gc holder�. But never say we only need a H1-B holder. So when we have respected and followed the rules of this country immigration becomes a right as logic life suggested.
My 2 cents�
These types of employment advertisements are discriminatory and are thus illegal unless it is work that requires security clearance. I am surprised that the Department of Justice is going after employers (http://www.immigration.com/newsletter1/doj_investigation.html) who may have advertised jobs for non citizens while not going after the numerous advertisements that discriminate against non US citizens. I am aware of atleast one high profile company that engages in this type of activity in its advertisements (however one needs to apply and be rejected in order to file a complaint). The double standard is indeed disturbing :
http://www.eeoc.gov/abouteeo/overview_practices.html
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
http://www.usdoj.gov/crt/osc/
The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. � 1324b:
Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees. Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized immigrants. U.S. citizens, many permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
My 2 cents�
These types of employment advertisements are discriminatory and are thus illegal unless it is work that requires security clearance. I am surprised that the Department of Justice is going after employers (http://www.immigration.com/newsletter1/doj_investigation.html) who may have advertised jobs for non citizens while not going after the numerous advertisements that discriminate against non US citizens. I am aware of atleast one high profile company that engages in this type of activity in its advertisements (however one needs to apply and be rejected in order to file a complaint). The double standard is indeed disturbing :
http://www.eeoc.gov/abouteeo/overview_practices.html
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
http://www.usdoj.gov/crt/osc/
The Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC") investigates the following types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. � 1324b:
Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees. Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized immigrants. U.S. citizens, many permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
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HopeSprings
07-17 12:47 AM
some sort of recapture is better than none !!! we should try to have some relief for EB but let us not stand in the way of FB ..the reason is simple, unused FB visas overflow in to EB (if I am not mistaken) ...In fact that is one of the reason that EB2 India did not move much this year since they are more efficient with FB visa this year (see the pace at which it is moving this year as opposed to last year) so better to wait and watch.
(my post is in response to h1tech's post on the first page)
Recapturing unused EB visas and allocating them to FB is absolutely not a good idea for EB category people. If such a thing happens then there will be no unused visa to be recaptured for EB.
(my post is in response to h1tech's post on the first page)
Recapturing unused EB visas and allocating them to FB is absolutely not a good idea for EB category people. If such a thing happens then there will be no unused visa to be recaptured for EB.
more...
Vexir
05-31 02:18 AM
Working on mine :)
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Bpositive
10-06 07:45 PM
i would wait a few months unless i had cash and could get substantial discounts...of course you may already have a great deal that you want to close...however, at a 12% rate, you have to be careful....lots of people will be looking to sell their flats soon...and there may be a temporary downturn in the market that you can take advantage of..get all your paperwork ready...but wait a bit to pull the trigger...
free advice...take it for what it is worth
free advice...take it for what it is worth
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krishnam70
07-17 05:53 PM
I don't know why but we tend to be satisfied with lsmall benefits...
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
I agree with you "something (EAD and AP) is better than nothing"
But i bet you ..you will find your self in the same situation of agony and endless waiting for the final Green card.
I bet most of the people don't use your ead and AP as it puts you in a gray "Adjustment of status". They are good to have though. But you will see...how painful it is to decide to use them or not..
What i want to say is that being able to apply for EAD and AP is not the end of the battle..you will be stuck in a depressing situation waiting for the final green card.How do i know? .. I went through it...waiting for GC for the past 4 years.
I dont know its FBI or its just the USCIS incompetence but waiting in the final stage is horrible. Every time you travel you are scared...AP as for as my lawyer goes IT does not guarantee 100% entry in to the country.
After you apply for AP its only 1 year H1 increments.
What i am saying why dont we try for the overall improvement of the GC processing. Why dont we be firm about not wasting the GC numbers and recapturing the unused numbers.
We had a small revolt (peaceful way) and its successful.We dont want to stop there.
LETS FIGHT FOR THE OVERALL IMPROVEMENT OF THE GC PROCESSING
I hope you guys are with me..looking for your comments
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
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smartboy75
09-29 11:42 AM
Was the H1B through a body shopper? I"ve heard of reopening all old cases of a company if they find a dubious H1B sponsorship, or if a company gets blacklisted.
If your company is solid and your case is genuine... you probably have nothing to worry about.
The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....
If your company is solid and your case is genuine... you probably have nothing to worry about.
The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....
more...
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mhathi
05-23 02:01 PM
I don't think I agree completely. I called all of the lawmakers for the CHC campaign, and while you are right, I spoke to the assistants, they were all polite and promised to pass on the message, which is what matters in the end.
Lawmakers know that we do not have voting privileges yet, but they also know that we are contributing to this economy far greater than many. I do not remember the source or the thread, but this question was asked before about an online petition, but ironically, that is shown to be not as effective as phone calls.
If you ask me to sign a piece of paper, I might do it even if I am only vaguely supportive of the idea. But I will certainly not take the trouble to call (or better yet) go to the senator/congressman's office and present my case in person unless I really beleive in it.
regarding your "saar.. support the bill..." comment, I would not go there if I were you. Thats a whole different can of worms and borders on an insult to a) people who are not from that part of India (or for that matter the world) and b) more importantly, for people from that part of the world who are in this country since a long time and have taken the pains to lose the accent.
Finally, even if one speaks in an accent, is that the sole reason for a lawmaker to disregard him? Then should a Tennessee senator not listen to someone from New York because the New yorker speaks English in a New York accent?
Please remember IV may be largely Indian, but it is a meeting place for legal immigrants from all over the world. The same way as India may be "largely Hindu" but it is still a secular country and we have had many great citizens and leaders that were not Hindu, the current president notwithstanding.
Lawmakers know that we do not have voting privileges yet, but they also know that we are contributing to this economy far greater than many. I do not remember the source or the thread, but this question was asked before about an online petition, but ironically, that is shown to be not as effective as phone calls.
If you ask me to sign a piece of paper, I might do it even if I am only vaguely supportive of the idea. But I will certainly not take the trouble to call (or better yet) go to the senator/congressman's office and present my case in person unless I really beleive in it.
regarding your "saar.. support the bill..." comment, I would not go there if I were you. Thats a whole different can of worms and borders on an insult to a) people who are not from that part of India (or for that matter the world) and b) more importantly, for people from that part of the world who are in this country since a long time and have taken the pains to lose the accent.
Finally, even if one speaks in an accent, is that the sole reason for a lawmaker to disregard him? Then should a Tennessee senator not listen to someone from New York because the New yorker speaks English in a New York accent?
Please remember IV may be largely Indian, but it is a meeting place for legal immigrants from all over the world. The same way as India may be "largely Hindu" but it is still a secular country and we have had many great citizens and leaders that were not Hindu, the current president notwithstanding.
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Bokke
06-19 11:28 AM
so tomorow is the last day ?
more...
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s_r_e_e
06-02 09:45 PM
I am finding Soft LUDs on all my old h1bs (from first one) over last 10 months. One of them is a hard LUD and it is about the previous employer revoking H1B. But there are Soft LUDs prior and later to that on other H1Bs. All H1Bs are from big / medium corps and no known status issues / violations. They havnt touched the 485s since FP date.
08/19/2007 (H1B approved Nov 2000)
01/31/2008 (H1B revoke status changed to reopend)
04/20/2008 (I140)
04/26/2008 (H1B approved Nov 2003)
05/18/2008 (H1B April 2005)
05/31/2008 (H1B June 2005)
Any one seen this before?..
Now that they have touched all my H1Bs , I think I will get to find out sooner or later if there they are upto some thing :D
08/19/2007 (H1B approved Nov 2000)
01/31/2008 (H1B revoke status changed to reopend)
04/20/2008 (I140)
04/26/2008 (H1B approved Nov 2003)
05/18/2008 (H1B April 2005)
05/31/2008 (H1B June 2005)
Any one seen this before?..
Now that they have touched all my H1Bs , I think I will get to find out sooner or later if there they are upto some thing :D
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mallu
10-16 01:08 PM
Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.
I believe most of the members of IV are in the receipt/FP mode. Newly filed mass.
Yet to worry about the namecheck. And for EB3 and EB2 post 2004 filers the burning issue is still country wide quota.
This issue can be pushed if we have strong support for it.
I believe most of the members of IV are in the receipt/FP mode. Newly filed mass.
Yet to worry about the namecheck. And for EB3 and EB2 post 2004 filers the burning issue is still country wide quota.
more...
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leoindiano
09-17 01:15 PM
If congress approves it, 70% of the battle is over.
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santb1975
07-02 01:12 AM
Hopefully someone from all the complainants in this forum will spearhead this initiative and hopefully there will be people out there that will stand up for themselves and join this pool
If IV can outline how it is going to help, that would really make many people come out of the shelves. However, though we talk so much, people are still scared to identify themselves against the employer. However, they may be ready to outline everything against the specific employer as an anonymous person. we got to deal with a situation where people are ready but anonymously. How can we handle this.
If IV can outline how it is going to help, that would really make many people come out of the shelves. However, though we talk so much, people are still scared to identify themselves against the employer. However, they may be ready to outline everything against the specific employer as an anonymous person. we got to deal with a situation where people are ready but anonymously. How can we handle this.
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jjava100
03-29 06:12 PM
/\
mirage
08-12 10:01 PM
Guys there is no doubts if you have an opportunity like where employer is paying for the Green card process, I guess everybody should get out of the EB-3 mess. If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
gc_check
07-11 01:06 PM
Just wondering why USCIS is neither accepting nor rejecting the July 2nd application? How long can thy hold applications like this? Can they leverage this in their favour in the class action lawsuit? Is this procrastination deliberate , considering its legal implications?
They either have to reject the application or provide the receipt notice. Cannot hold the applications without any actions for long time.
They either have to reject the application or provide the receipt notice. Cannot hold the applications without any actions for long time.
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