ilikekilo
04-28 09:58 AM
Can somebody please post a link to the 'original' H-1B Employer Application Requirements document from USICS (not interim docs) ?
I believe this is the one you are looking for!?
http://www.foreignlaborcert.doleta.gov/h-1b.cfm
I believe this is the one you are looking for!?
http://www.foreignlaborcert.doleta.gov/h-1b.cfm
wallpaper Honda Element Problems In case you haven#39;t read about it, topspeed revealed
shahuja
02-06 11:20 AM
i call embassy every day...they say under processing..VO has your case/pp..
my DOS approval was most probably done on 29th jan..so its been 6 working days and still embassy is not giving a positive response..
what now ??
my DOS approval was most probably done on 29th jan..so its been 6 working days and still embassy is not giving a positive response..
what now ??
dixie
02-14 01:49 AM
Spot on. i think the anti-immigrants grossly magnify the hue and cry over H1-B abuses. Most americans dont know what H1-B is and nor do they care. The only immigrants they have heard about are the illegal kind. Ordinary americans are mostly indifferent to legal immigration. Politicians care first for their votebanks (present and future) and second for their sources of funding aka corporate lobbies. They are the ones who have the ability to make a difference.
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
2011 2008 Honda Element Tops
TeddyKoochu
04-19 09:42 AM
jimytomy many congratulations on your well deserved GC.
more...
bkarnik
09-17 12:40 PM
does anyone kknow who is the chairman(woman) of the judiciary commitee ???
John Conyers (D) is the chairman of the judiciary committee..
John Conyers (D) is the chairman of the judiciary committee..
waitingGC
02-11 05:23 PM
This is completly wrong statement. Actually, it is otherway. The EB3-ROW is currently enjoying at the expense of EB2-India and China. It is enjoying not only in this year. It is happening since 2005. If you have doubt, please visit DOS website and anayze the statistics right from 1999 to 2005. Furthermore, all the AC21 numbers (about 150,000 unused visas) that was captured in previous years (1999-2001) that came from unused EB2 and EB1 numbers. Theoritcally, these numbers should have been used to reduce backlog in EB2 first, then it should go to EB3. Since no one cared about this, EB3-ROW was free riding in EB2 numbers despite heavy demand in EB2.
Everyone knows that EB3 is heavily retrogressed compare to EB2. No doubt about that. The only solution for this is to increse the numbers. Everyone is working hard. However, it does not mean that one should ignore how DOS/USCIS mis-interpertinng the law and doing harm to EB2 Indians and Chinese. No one here is to sacrifice for EB3-ROW. Fighting to eliminate retrogression and understaing the correct interpretation of law and rule is totally two different issues. Please do not confuse between those.
I totally agree with you. I think we should call DOS/USCIS to complain about this. I will ask as many as EB2s to do the same.
Everyone knows that EB3 is heavily retrogressed compare to EB2. No doubt about that. The only solution for this is to increse the numbers. Everyone is working hard. However, it does not mean that one should ignore how DOS/USCIS mis-interpertinng the law and doing harm to EB2 Indians and Chinese. No one here is to sacrifice for EB3-ROW. Fighting to eliminate retrogression and understaing the correct interpretation of law and rule is totally two different issues. Please do not confuse between those.
I totally agree with you. I think we should call DOS/USCIS to complain about this. I will ask as many as EB2s to do the same.
more...
a1b2c3
04-29 08:59 PM
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
what do you mean by ramification? you mean advantages? if yes, there are several. that you can be assured of. you can sponsor your parents as fast as you can sponsor your wife. there are many others.
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
what do you mean by ramification? you mean advantages? if yes, there are several. that you can be assured of. you can sponsor your parents as fast as you can sponsor your wife. there are many others.
2010 on the Honda Element forum
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.
more...
zCool
02-27 06:48 PM
Exactly.. You apply now.. no way it is going to get approved in time.. substitution approval takes anywhere between 4 months to 1 yr. Most common I heard is 6 months. you try to slide just under the door.. they aren't going to be happy abt it..
hair well if the element doesn#39;t
gcfriend65
02-26 05:41 PM
I had a quick question to ask. My, current H-1 visa is expiring on July 30, 2008. Also, my current I-94 and I-797 is expirin on the same date. I am eleigible to apply for extension 6 months in advance, starting Jan. 30, 2008. However, my question is if I apply for my H-1 visa extension now (say Feb. 28, 2008) and the extension comes by April 30, 2008; will that invalidate my H-1 visa stamped till July 30, 2008.
Please refer me to any official memos if available. Thanks in advance.
Please refer me to any official memos if available. Thanks in advance.
more...
chaanakya
08-14 10:15 PM
Chaanakya,
Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you.
Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut.
All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship.
Ok, among the many replies to what i wrote, a few have been rational discussions. A healthy argument is always encouraged. However, I will dissect the above post line by line to pinpoint exactly why some people completely deserve the treatment that they get. Here I demonstrate how a healthy discussion is hijacked by imbeciles and that is why IV is doomed to failure.
"Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you. "
DOES THIS EVEN MAKE SENSE?? WHAT DOES USCIS BEING HARDWORKING AND CLEARING BACKLOGS HAVE TO DO WITH MY POST ON A RANDOM FORUM?? YOU SIR, MAY BE MISTAKEN ABOUT A LOT OF THINGS AND MY POST MAY BE THE LEAST OF YOUR PROBLEMS.
"Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut. "
LET ME GUESS, YOU THINK MCCAIN IS GREAT, RIGHT? BECAUSE YOU SEEM TO HAVE A CRYSTAL BALL WHICH CAN PREDICT WHAT I WILL DO YEARS FROM NOW AND NOT ONLY THAT BUT FROM A ISOLATED POST ON A RANDOM FORUM, YOU HAVE CREATED A COMPLETE PICTURE OF MY POLITICS?? THAT IS THE BEAUTY OF THE INTERNET, EVEN PEOPLE LIKE YOU WHO CANNOT FORM A COHERENT THOUGHT HAVE AN EQUAL SAY IN ANY DISCUSSION.
"All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship."
SOMEONE PLEASE GO AND WARN THE AMERICAN PEOPLE OF THE GRAVE DANGER !! NOT ONE WORD IN THIS ENTIRE POST OF YOURS CAN EVEN PRETEND TO BE PART OF A LOGICAL THOUGHT !! WOULD YOU CARE TO EXPLAIN WHAT THE DANGER IS? WHY IS IT SPECIFIC TO AMERICAN PEOPLE? YOUR PREVIOUS PARA SEEMS TO IMPLY THAT I AM ANTI-IMMIGRANT, NOW I AM ANTI AMERICAN??
This is precisely why IV hasnt achieved its goals till now and probably never will.
Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you.
Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut.
All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship.
Ok, among the many replies to what i wrote, a few have been rational discussions. A healthy argument is always encouraged. However, I will dissect the above post line by line to pinpoint exactly why some people completely deserve the treatment that they get. Here I demonstrate how a healthy discussion is hijacked by imbeciles and that is why IV is doomed to failure.
"Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you. "
DOES THIS EVEN MAKE SENSE?? WHAT DOES USCIS BEING HARDWORKING AND CLEARING BACKLOGS HAVE TO DO WITH MY POST ON A RANDOM FORUM?? YOU SIR, MAY BE MISTAKEN ABOUT A LOT OF THINGS AND MY POST MAY BE THE LEAST OF YOUR PROBLEMS.
"Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut. "
LET ME GUESS, YOU THINK MCCAIN IS GREAT, RIGHT? BECAUSE YOU SEEM TO HAVE A CRYSTAL BALL WHICH CAN PREDICT WHAT I WILL DO YEARS FROM NOW AND NOT ONLY THAT BUT FROM A ISOLATED POST ON A RANDOM FORUM, YOU HAVE CREATED A COMPLETE PICTURE OF MY POLITICS?? THAT IS THE BEAUTY OF THE INTERNET, EVEN PEOPLE LIKE YOU WHO CANNOT FORM A COHERENT THOUGHT HAVE AN EQUAL SAY IN ANY DISCUSSION.
"All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship."
SOMEONE PLEASE GO AND WARN THE AMERICAN PEOPLE OF THE GRAVE DANGER !! NOT ONE WORD IN THIS ENTIRE POST OF YOURS CAN EVEN PRETEND TO BE PART OF A LOGICAL THOUGHT !! WOULD YOU CARE TO EXPLAIN WHAT THE DANGER IS? WHY IS IT SPECIFIC TO AMERICAN PEOPLE? YOUR PREVIOUS PARA SEEMS TO IMPLY THAT I AM ANTI-IMMIGRANT, NOW I AM ANTI AMERICAN??
This is precisely why IV hasnt achieved its goals till now and probably never will.
hot Talk me out of a Honda Element
cgeek4u
07-16 06:07 PM
Signed
more...
house Forum Of Honda Element Owners
SGP
04-08 09:12 PM
$$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
tattoo Campout - Honda Element
jayram123
07-12 03:28 PM
If you heard what the restrictionist lawmakers have said about what to do with illegal�s, this retrogression makes sense. The restrictionists want to make life miserable for illegal�s by making it difficult for them to get jobs, this way the illegal�s would go back on there own.
They are trying to do the same thing with us legal�s (without saying it aloud). If you are from India it will take you at least 6 to 8 years (if you are lucky) to get a green card. Frankly in the fast changing technologically advanced world how many people can hold on to the same job for 8 years straight, they cannot. People lose jobs because they are laid of, the company has run into bad times, the technology has changed and the company wants to move you to a different role or position etc, this way a lot of people have to switch jobs which invalidates thete green card process. They are making your life miserable so that you are broken down psychologically and finally will go away either on your own or because of some arcane rule, example the labor should be applied more than one year before h1 expiration etc, a living example is that Indian guy who posted recently that he is leaving US to work for Microsoft in Canada. This way they get the best of both worlds, you have young people in the prime of there life without any diseases who do not burden there medicare system, working hard and paying social security taxes and medicare taxes (which they will not get back) and in the end they are kicked out or go away on there own.
You got it right or what!!! That sounds like the modern definition of slavery and seems to be what is happening in US despite all the claims of abolishment of slavery. They just have refined it to a point where it is subtle and not so blatant.
They are trying to do the same thing with us legal�s (without saying it aloud). If you are from India it will take you at least 6 to 8 years (if you are lucky) to get a green card. Frankly in the fast changing technologically advanced world how many people can hold on to the same job for 8 years straight, they cannot. People lose jobs because they are laid of, the company has run into bad times, the technology has changed and the company wants to move you to a different role or position etc, this way a lot of people have to switch jobs which invalidates thete green card process. They are making your life miserable so that you are broken down psychologically and finally will go away either on your own or because of some arcane rule, example the labor should be applied more than one year before h1 expiration etc, a living example is that Indian guy who posted recently that he is leaving US to work for Microsoft in Canada. This way they get the best of both worlds, you have young people in the prime of there life without any diseases who do not burden there medicare system, working hard and paying social security taxes and medicare taxes (which they will not get back) and in the end they are kicked out or go away on there own.
You got it right or what!!! That sounds like the modern definition of slavery and seems to be what is happening in US despite all the claims of abolishment of slavery. They just have refined it to a point where it is subtle and not so blatant.
more...
pictures Honda Element Owners Club
a1b2c3
04-29 08:59 PM
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
what do you mean by ramification? you mean advantages? if yes, there are several. that you can be assured of. you can sponsor your parents as fast as you can sponsor your wife. there are many others.
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
what do you mean by ramification? you mean advantages? if yes, there are several. that you can be assured of. you can sponsor your parents as fast as you can sponsor your wife. there are many others.
dresses 2003 Honda Element EX picture,
ganguteli
04-28 11:01 AM
Question to IV core.
Can't we turn Mr Durbin to our side since IL has a large Indian community ?
Define which Indian community?
Gujratis who own motels and shops and will want more family immigration vs H1B
or
Indians who are now citizens. They will want less Indians to reduce competition for their jobs or for their children.
or
Desi consulting owners : less said the better
or
Desi H1b, students EAD etc...
They are a scared lot anyways and only worry about their immigration status and making dollars. Go tell them about IV if you can?
So tell which Indian community you are talking about?
Can't we turn Mr Durbin to our side since IL has a large Indian community ?
Define which Indian community?
Gujratis who own motels and shops and will want more family immigration vs H1B
or
Indians who are now citizens. They will want less Indians to reduce competition for their jobs or for their children.
or
Desi consulting owners : less said the better
or
Desi H1b, students EAD etc...
They are a scared lot anyways and only worry about their immigration status and making dollars. Go tell them about IV if you can?
So tell which Indian community you are talking about?
more...
makeup 2006 Honda Element Interior.
caliguy
09-15 06:21 PM
Apologies, if this has been asked.
What is the sequence for using the POJ method for Texas?
Thanks in advance!
What is the sequence for using the POJ method for Texas?
Thanks in advance!
girlfriend Honda Element Owners Club
mihird
07-10 09:50 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
hairstyles Honda Element Owners Club
desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
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/Aug132009_05D2101.pdf
_________________
Not a legal advice.
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
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/Aug132009_05D2101.pdf
_________________
Not a legal advice.
bottlemani
07-19 12:35 PM
Dear Aman and other core members, your time and efforts are greatly appreciated. Thank you!
Here is my little contribution of $100
Paypal confirmation Number: 1XT348454Y495020W.
ps: I was one of those lucky ones who got the green card last week.
Here is my little contribution of $100
Paypal confirmation Number: 1XT348454Y495020W.
ps: I was one of those lucky ones who got the green card last week.
RNGC
05-23 02:12 PM
You have a point...Ideas like yours should be given good consideration.
But IV core team has lots of experience and they have even started having talks with USICS directly, is'nt that a big achievement!
We need to try different ways to contact the law makers and find out which one is easy to implement and works efficiently.
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
But IV core team has lots of experience and they have even started having talks with USICS directly, is'nt that a big achievement!
We need to try different ways to contact the law makers and find out which one is easy to implement and works efficiently.
When you call the law makers and tell them you support XYZ bill.. my question is what do you get out of it!
When the lawmaker realizes that he is getting 10000 calls from LEGAL aliens,
>who are not from his constituency,
>who can�t vote and
>who can�t contribute to his election campaign�
what is the motivation for the law maker to support the bill�
So to avoid sounding stupid and foolish and desperate when you call� a more logical approach would be to :
a) Generate a public petition form on IV website and have all the members� login and sign the forms digitally�
b) Then have IV reps.. fax them and send them to lobby groups �.
c) Lawmakers will listen to one talking head�and not worry abt 1000 calls that borders on ..�saar �support the bill saar�..
How many of you have actually talked to the lawmakers? Its always the assistant!
But instead .. someone says we have a signed petition of 25000 members effected by immigration mess �. And it�s a hi tech workers lobby group ..every lawmaker will talk to you and not the assistant!
Conclusion: calling the lawmakers haphazardly is actually hurting IV cause..to a certain extent!
:cool:
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