ramaonline
03-22 12:12 PM
AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.
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ndialani
10-30 12:14 PM
Caliguy,
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Leoindiano,
For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
type and print pdf. file and mail it to them. Follow it up via email .
I will reach out to ombudsman and Napolitano this weekend. Another thing i am going to try is applying AP renewal this weekend, set to expire in november anyway. I would rather loose $305 than keep waiting for some miracle. Thanks for your help. I should be able to find the procedure to file 7001 and the Napolitano address in this thread, correct?
Leoindiano,
For Sending #7001 form.....Just google "cis ombudsman form dhs-7001"
type and print pdf. file and mail it to them. Follow it up via email .
lazycis
01-09 11:53 AM
Thank you Lazycis...
I was out of status for more than a year when I got married
You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.
I was out of status for more than a year when I got married
You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.
2011 Meet Google via Street View!
desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
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/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
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/Jul062009_06D2101.pdf
_________________
Not a legal advice.
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qplearn
09-13 04:14 PM
Administrator - Please delete this posting immediately. It smacks of shameless racism, and we don't want our entire entire community to be tainted by this shameless guy.
I did not understand this posting. Where is the racism?
I did not understand this posting. Where is the racism?
willigetagc
08-26 12:26 PM
Why cannot they just say it?. Why can’t they say that it will take 2 days to 22 days or 222 days to transfer the amount?, if someone needs to send money due to an emergency, they do it thinking that the money will be transferred in two or three days, a week maybe…
Beats me! I don't know why they (the indians) do that. They make agressive promises and then fail to meet them. They should adopt the US business style of promising results in 5-7 business days and then deliver in 3-4 days. It then becomes the customer's headache to plan accordingly and they (the customers) are in fact delighted to get the work done in 3-4 days.
(Never mind the fact that the work would actually take them less than 1-2 bus day ;))
Beats me! I don't know why they (the indians) do that. They make agressive promises and then fail to meet them. They should adopt the US business style of promising results in 5-7 business days and then deliver in 3-4 days. It then becomes the customer's headache to plan accordingly and they (the customers) are in fact delighted to get the work done in 3-4 days.
(Never mind the fact that the work would actually take them less than 1-2 bus day ;))
more...
fasterthanlight�
05-31 05:30 PM
Theres a bunch of gangs at my school, one of them wanted me to join 'cause im pretty good with a bow staff...
Ok, enough napolean dynamite quotations for now... ben specifically asked for no spam!
Ok, enough napolean dynamite quotations for now... ben specifically asked for no spam!
2010 Google Street View Funny
houston2005
12-09 08:58 AM
GcSoon-Ihope is from France. I thought that retrogression is mainly for India with some effects on China, Philipines and Mexico.
Please explain why bulletins are applicable to you. Thanks.
Merry Christmas!
Congratulations for the GC. You have a very compelling ordeal and now you deserve the best.
It doen't matters where he is from France or any other other country. The truth of the matter is, this is what exactly happens to every HIGH SKILLED Legal immigrant in this country. Some may go thru less others more...but this is tragedy of the system created by the 'worthless and clueless politicians of USA'.
Please explain why bulletins are applicable to you. Thanks.
Merry Christmas!
Congratulations for the GC. You have a very compelling ordeal and now you deserve the best.
It doen't matters where he is from France or any other other country. The truth of the matter is, this is what exactly happens to every HIGH SKILLED Legal immigrant in this country. Some may go thru less others more...but this is tragedy of the system created by the 'worthless and clueless politicians of USA'.
more...
willgetgc2005
11-13 03:58 PM
CIR will be as controversial as ever. SKIL, if any is our best bet.
CIR seems to be a perpetual wait. Both parties will not close it.
They need big issues to bicker and promise the electorate
for the next election.
IRAQ and CIR will be those big tickets they will use as levers.
Sorry to sound negative, but it is just the way I see it.SKIL is our only option, IF AT ALL. CIR is just an illusion and who knows if our provisions will be in CIR even if it becomes a reality ??!!!
_________________________________________________
CIR seems to be a perpetual wait. Both parties will not close it.
They need big issues to bicker and promise the electorate
for the next election.
IRAQ and CIR will be those big tickets they will use as levers.
Sorry to sound negative, but it is just the way I see it.SKIL is our only option, IF AT ALL. CIR is just an illusion and who knows if our provisions will be in CIR even if it becomes a reality ??!!!
_________________________________________________
hair Google Maps Funny Sightings.
NNReddy
04-19 02:28 PM
I am working for a fortune 100 company for last 12 years, rose to a senior level position. It's not easy for me to leave my present job and get the same position,level, responsibility and salary and potential for future growth. Except GC I have everythign else, but sometimes the wait is frustrating.
more...
canleo98
03-16 02:41 PM
I am also in same situation and looking for some help....
Hi all,
I got a RFE for Ability to pay for My I140(EB-3, PD-Ap2003) from USCIS. After consultation I was suggested that I needed an expert opinion letter from an Independent CPA telling that company can pay me the salary stated in the ALC. Now I need a CPA who can analyze the financials of the company and a lawyer who can write the letter to defend this case. I was wondering if anyone here can provide the service for CPA analyzation or sample letter on how to address this issue.
Thanks
sts_seeker
Hi all,
I got a RFE for Ability to pay for My I140(EB-3, PD-Ap2003) from USCIS. After consultation I was suggested that I needed an expert opinion letter from an Independent CPA telling that company can pay me the salary stated in the ALC. Now I need a CPA who can analyze the financials of the company and a lawyer who can write the letter to defend this case. I was wondering if anyone here can provide the service for CPA analyzation or sample letter on how to address this issue.
Thanks
sts_seeker
hot Re: Google map street view
vjkypally
03-14 09:21 AM
We should lobby to stop Portability from EB3 to EB2:).
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house google streetview toronto
pappu
12-01 06:42 PM
Leo07,
Thanks for the ideas.
Lack of contributions will reduce our investments in lobbying efforts and that will hurt our chances of overall success. In the last 3 weeks we have received just above 2K. This will be hardly of any consequence when you buy lobbying benefits from the top firm in the country. We will simply invest as much as we can get from members. If members pay us less, we will be able to get less. Provisions in the Omnibus bill are not going to be easy.
If anyone has any doubts about how much we are feared by our opponents they can read
http://www.jobdestruction.org/NewsArchive/index.htm
Titled: 2007-11-29 DC lobbying campaign by Indian special interest groups.htm
Now answering your points
1) On our own IV site, we can consider adding google ads only on Forum pages. However before that we need an assessment from someone that is an expert in google ads to calculate how much we can earn via google ads. Experts in this area can contact us.
2) Advertising is expensive and we cannot afford it. If anyone has contacts with websites, pls use those contacts and get us free space. We can put banner ads on those sites
3) We had $20 as a minimum amount and even then we got only 300+ people to pay. Infact, since most who could have contributed more, only contributed $20 our contributions went down significantly and we were unable to keep up with the Lobbying expenses. At that time several people complained that $20 is too high and it should be $10 or $1. This has been discussed several times on the forum and we have answered many people same question. If people think the value of the effort we all are putting and the price of increasing the chances of their greencard is just worth $20 or $5, then I do not think we should even pursue this effort and even keep this website up.
4) This is a good idea. Next time I start spotlight thread, I would request members to donate if they found the topic helpful. Likewise all active members who help others on the forum by answering their questions can request readers to consider donating if the answers were helpful.
5) This is tough to implement without knowing who is conducting such campaign and if the person can be trusted.
Thanks for the ideas.
Lack of contributions will reduce our investments in lobbying efforts and that will hurt our chances of overall success. In the last 3 weeks we have received just above 2K. This will be hardly of any consequence when you buy lobbying benefits from the top firm in the country. We will simply invest as much as we can get from members. If members pay us less, we will be able to get less. Provisions in the Omnibus bill are not going to be easy.
If anyone has any doubts about how much we are feared by our opponents they can read
http://www.jobdestruction.org/NewsArchive/index.htm
Titled: 2007-11-29 DC lobbying campaign by Indian special interest groups.htm
Now answering your points
1) On our own IV site, we can consider adding google ads only on Forum pages. However before that we need an assessment from someone that is an expert in google ads to calculate how much we can earn via google ads. Experts in this area can contact us.
2) Advertising is expensive and we cannot afford it. If anyone has contacts with websites, pls use those contacts and get us free space. We can put banner ads on those sites
3) We had $20 as a minimum amount and even then we got only 300+ people to pay. Infact, since most who could have contributed more, only contributed $20 our contributions went down significantly and we were unable to keep up with the Lobbying expenses. At that time several people complained that $20 is too high and it should be $10 or $1. This has been discussed several times on the forum and we have answered many people same question. If people think the value of the effort we all are putting and the price of increasing the chances of their greencard is just worth $20 or $5, then I do not think we should even pursue this effort and even keep this website up.
4) This is a good idea. Next time I start spotlight thread, I would request members to donate if they found the topic helpful. Likewise all active members who help others on the forum by answering their questions can request readers to consider donating if the answers were helpful.
5) This is tough to implement without knowing who is conducting such campaign and if the person can be trusted.
tattoo Google Maps Funny Street View.
go2roomshare
02-01 12:34 PM
I agree with the initial post, it is mostly true , i know people who did such a way, ofcourse most of indians who worked for a indian consulting company know about it.
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Jaime
12-11 03:56 PM
I put mine in, let's go for more than 100 and don't forget to "bump" this message so it stays at the top!
<<<BUMP>>>
<<<BUMP>>>
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logiclife
03-20 01:55 PM
You have to be aggressive and presistent to get a new job where you get better pay that is above the prevailing wage.
Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.
You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can
1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.
Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?
Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.
You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can
1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.
Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?
more...
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vjkypally
03-14 09:21 AM
We should lobby to stop Portability from EB3 to EB2:).
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guesswho
05-20 04:45 PM
Did you consider using "atlas america" and other bunch of travel insurance that advertise themselves as PPO? I am wondering if anyone has expericence dealing with them regarding claims. I purchased that recently for my parents since it had 100/0 or 90/10 coverage.
Anyone has experience going to hospital using these insurance?
Hi I am a physician in Oregon and my parents are visiting too in July. I called Kaiser regarding this, and this is what I was told.
1. they can get insurance since Kaiser does not need an SSN for the application.
2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.
So,
Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.
Anyone has experience going to hospital using these insurance?
Hi I am a physician in Oregon and my parents are visiting too in July. I called Kaiser regarding this, and this is what I was told.
1. they can get insurance since Kaiser does not need an SSN for the application.
2. Every Plan has a deductible $, an out of pocket maximum $, and a co-insurance $ amount.
So,
Plan A: Deductible 2500, Co-insurance 22% of all inpatient cost upto max of $22,000.
Plan B: Deductible 6000, Co-insurance 50% of all inpatient cost upto max of $50,000.
Essentially none of these plans are a 'good deal'. But remember its easier to pay back a loan of 22k - 50k than to pay back 100-200k.
Also since Kaiser is an HMO, and has its own facilities in the west coast and Hawaii, 'accepting insurance' is not a problem.
hairstyles google maps funny street view.
pcs
07-19 09:32 AM
I know Aman has made a no. of trips to DC & these are not cheap.
Let us all contribute to pay back all his trips .
I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.
I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately
I do not know, what is IV's internal procedure for these situations.
Let us all contribute to pay back all his trips .
I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.
I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately
I do not know, what is IV's internal procedure for these situations.
vvskm
04-21 10:32 AM
Just contributed $100 thru Paypal.
Receipt ID:
5446-6344-0684-8231
Receipt ID:
5446-6344-0684-8231
ElectricGrandpa
06-11 04:15 AM
Guys: Feel free to make new entries, but let me know what one u choose for the polls :D:D
So we can show multiple entries? But still only vote on one... sounds good.
I'll show this one for now then... It kinda sucks, but I plan on making a better one soon(which is why I hadn't uploaded this one yet).
-Matt
So we can show multiple entries? But still only vote on one... sounds good.
I'll show this one for now then... It kinda sucks, but I plan on making a better one soon(which is why I hadn't uploaded this one yet).
-Matt
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