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  • rkgc
    03-23 03:21 PM
    Hi All, Let's post some useful information for gimme_GC2006, s/he must be anxiously waiting for our reply.

    Did you get in touch with a lawyer yet?

    ~rk





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  • qualified_trash
    05-17 01:08 PM
    I totally agree with gc03 and learning01 expressing their views. It is when someone starts using terms like "refrain" etc. I get all worked up. gc03 and learning01 are entitled to their thoughts. What they are not entitled to is to tell each other or anyone else to "do this" OR "do not do that". Are we on agreement on this? I can see some name calling going on in these forums which is rather disappointing.

    Someone very funnily called me an individual from the US Army who has infiltrated IV.

    As for learning01, I know that getting the GC process fixed is of paramount importance here. My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

    If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?





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  • gcbikari
    08-11 02:53 PM
    Keep more lessons coming...don't worry about the #2 that you forgot
    Thought #2 was a dirty lesson and intentionally removed.





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  • kaisersose
    04-15 04:43 PM
    one last addition ..I guess builders are normally the optimistic lot even when things are bad ..and they seem unhappy now (which means happier days are ahead for fence sitters like me (who are waiting for a GC by the way before looking)
    http://www.cnbc.com/id/24129427 ..

    ----------
    Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.

    "Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran

    I suggest you stop looking at national level figures if you are seeking accurate information. Look at the specific neighborhood you have mind and you may find that the situation there is not exactly what is shown on CNN.

    As an example the DFW area is doing alright inspite of the gloomy picture painted by the media at the national level. Used homes will take longer to sell, but it is nowhere as bad as Florida or CA. And we are not discussing selling here anyway...we are discussing buying.



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  • jkays94
    04-18 07:24 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Last week Lou (who is a Harvard Economics graduate) said he was sending one of his poll results to the WH. Very unfortunate for a non-scientific poll. The other thing is that often a lot of people in decision making capacity ie some congressmen and senators watch Lou Dobbs and are often misled which is why it is key that groups like IV tell the true side of the story. Right now Lou has an anti-H1-B agenda and has been trying to lump H1-Bs as a bad thing for America.





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  • gcisadawg
    12-27 02:21 PM
    Found this somewhere in the internet , this is meant for those Indian muslims who want to cause havoc in India.

    Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia , as the government targeted radicals in a bid to head off potential terror attacks.
    'We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.
    -----
    Maybe if we circulate this , Indian citizens will find the backbone to start speaking and voicing the same truths against islamic radicals infesting the country.

    Interesting. In Australia, the Muslims that want to live under Sharia law are immigrants but In India they are part and parcel of Indian fabric for several centuries. So, John Howard's 'Memo' may not work in India! One pill doesn't cure all ills! As Howard said, try making one language as THE language and see what happens. We have gone thru that path and let us not fool ourselves.


    Coming to Sharia law in the context of Indian Muslims, If Sharia Criminal law is implemented for Indian Muslims, what would happen? While non-muslims who commit small crimes in India serves few months or few years in Jail, Indian Muslims who commit the same crime would loose a hand or a two and a leg, maybe. This would see equal application of Sharia Law, both personal and Civil.

    Sharia law is OK as long as it is personal and when things are resolved among Muslims. But when one of the community member isn't satisfied and come to a secular court, then the secular law of the land should apply. For instance, when Shah Bano came to court, Secular law should have been applied.

    Amend Existing personal and criminal law to remove any references to religion, either Hindu , Muslim, Christian or any. (I believe Criminal code never had any reference to religion)

    Pass a super law that states "With respect to PERSONAL laws only, India respects Hindu law, Sharia law and whatever new law any new religion comes up with when it is used solely among that community. But when a member of any community approaches any judicial wing of the country, then the secular law of the land would prevail"... For ex, if a muslim who marries two wives is drawn to court by one of his wives, the first question should be "which wife do you want to keep since secular law recognizes only one"...For the divorced wife, everything that should be done based on secular law should be done including alimony, child custody etc..

    Indian Muslim community is not one big mass instead it is fragmented. There is no national leader of repute that can unite them and lead them. They may not vote for BJP due to obvious reasons but their vote is spread across all other parties. For instance, they have to go either with DMK or ADMK where congress has no scope of occupying CM post! So much is made out of Antulay and the vote bank. Maybe Antulay would be able to win his constituency. But can he get the all the Muslim votes of Maharashtra? I doubt it..Forget about national level. Many people are hearing his name for the first time because of his statement.

    Where does it leave Indian Muslims who are caught between Vote bank politics and their self-inflicted as well as forced stagnation?

    Peace,
    G



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  • jkays94
    07-10 02:02 AM
    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

    USCIS Settlement Notices and Agreements (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2492db65022ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=2492db65022ee010VgnVCM1000000ecd190a RCRD)





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  • alterego
    09-30 12:38 AM
    Right now I see the problem in DC as gridlock. They are paralyzed by partisanship, political bickering and resulting indecision. Part of it is due to the nature of politics and part of it is due to the impact of ever more represented special interests.

    I see it as more likely that this gridlock will be broken(for good or bad) if Obama is elected. With McCain, atleast on the immigration issue, I'm guessing we will see a replay of the two failed Bush efforts. When the Democrats took congress, many observers and even amongst us thought, with a pro-immigration president and a democratic congress, this was one of the few things that could get done, we all know how that worked out. I'm not sure how anything will be different with a McCain presidency.

    I think at this time, many in this community are weary of the politics of this issue. Tired, frustrated and upset at the lack of common sense on this issue. It almost feels like a roll of the dice might be better than this indefinite period of uncertainty and limbo. One can more effectively deal with a decision rather than what is offered us, which is a mere promise with no date certain. It is truly an unfair situation to put someone in, after in many cases 10 yrs in this land. I am hoping for an Obama victory as I see that as the best chance to break this gridlock and release us in some direction.



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  • Macaca
    12-27 08:16 PM
    How Republicans prevailed on the Hill (http://www.weeklystandard.com/Content/Public/Articles/000/000/014/531oekhp.asp) By Whitney Blake | The Weekly Standard, 12/27/2007

    THE HOUSE AND SENATE squeezed through last-minute bills in a marathon session last week akin to the final exams period some members' college-aged children just muddled through. A bleary-eyed, sleep deprived House and Senate finally emerged with the passage of some key pieces of legislation on energy, the Iraq war, the alternative minimum tax, children's health insurance, and a massive omnibus spending bill. In the end, Republicans proved to be the more astute bunch, pushing through Bush's lame duck agenda despite their minority status.

    With Democrats emerging victorious just a year ago in the 2006 midterm elections claiming a mandate to drive the country in a new direction, one would have hardly predicted headlines like "Bush, GOP prevail in host of Hill issues" in the Associated Press, "Dems cave on spending" in the Hill, and the Politico's "Liberals lose bigtime in budget battle."

    Leading mainstream publications agreed that Democrats had surrendered to Republican demands, and the left's base was utterly furious at the outcomes. In reaction to the $70 billion Iraq and Afghanistan troop funding vote, comments such as, "You are kidding yourself if you think the Democratic party stands for anything--clearly they do not--This is an outrage," were posted on Daily Kos. Huffington Post entries included, "Democrats lose evey [sic] time becuase [sic] they are a pack of spineless cowards".

    Even Republicans were surprised with the outcome. Senate Minority Leader Mitch McConnell remarked, "If we had been having this press conference last January and I had suggested that a Republican minority in Congress would be able to meet the president's top line, you all would have laughed at me."

    "We couldn't have scripted this to work out better for Republicans they conceded almost every issue," said Rep. Paul Ryan, (R-WI).

    Not only did Democrats eventually meet Bush's required $933 billion appropriations spending level, they also capitulated on unconditional funding for the troops, an energy plan without corporate taxes, a one-year patch to the alternative minimum tax without additional taxes (a $50 billion violation of Democrats' pay-as-you-go principles), and a straight extension of SCHIP without a large expansion.

    At first, the record is baffling, but the explanation for Republican success is simple. Not only was superior "strategery" involved on the part of the minority, to borrow a word from Bush's lexicon, but equally important was Democrats' miscalculations.

    Republicans decided early on to stick together on issues such as taxes and Iraq, said one senior Republican aide. Democrats were much more fractured. One Washington Post headline declared, "Democrats Blaming Each Other for Failures." The article cited House Democrats accusing their Senate counterparts of selling out and folding. In December 2006, Reid said in an interview, "legislation is the art of compromise and consensus building and I'm going to compromise." House Democrats didn't embrace this theme.

    They either failed to realize or didn't want to realize that anything they proposed still had to meet approval in the Senate, where compromise and coalition building are unavoidable, with 60 votes required to move any legislation through. "It took some people 11 months to figure this out," said one senior Republican aide.

    From the beginning, House Speaker Nancy Pelosi set up a structure that didn't emphasize debate and hearings, said Republican California Rep. Kevin McCarthy. The controversial spots were never worked out in the far-left appeasing bills that passed through the House.

    Even after the Senate voted a resounding 88 to 5 in favor of an AMT patch without offsets in the beginning of December, the House passed another version, attached more taxes to make up for the lost revenue, and sent it back to the Senate. The Senate had to vote three times just to show the House Democrats that it did not have the required 60 votes to pass a patch with offsets.

    Democrats were not only divided, they also misjudged the public's perception. The "general aversion to tax hikes" worked to the Republicans' advantage, and the overall success of the war in Iraq also played a key factor, said the senior Republican aide.

    Sen. Majority Leader Harry Reid commented right before the recess, "I share the frustration of the American people who want to see real change." But Republicans argue Reid's idea of change is not in line with that of most Americans.

    They "got the wrong message from the election," which wasn't one of a "repudiation of conservative values," said Ryan. It was a call for "clean and transparent government."

    They "overreached" after the honeymoon period and "frittered away" high expectations "by taking a sharp turn to the left," he added.

    A CNN/USA Today poll taken back in May and June revealed that 57% of Americans favored making permanent the Bush tax cuts, while 37 percent wanted to repeal the temporary cuts. On the broader fiscal topics of taxes, government spending, and regulations for businesses, 41 percent of Americans consider themselves "conservative," 43 percent "moderate," and just 12 percent "liberal," according to a Rasmussen Reports study released about a month ago.

    Some Republicans admit Democrats could have gotten more of what they wanted had they played their cards right. Democrats had a "missed opportunity," said McCarthy, who has experience in a closely divided legislature as a former Republican floor leader in the California State Assembly.

    The majority could have still put forth very partisan bills at the outset, but "come back to where common ground was," said McCarthy. Democrats would have "enjoyed much more success" in the center, said Ryan.

    Some Republicans were reportedly amenable to partial offsets to the AMT. Perhaps if Democrats had not held onto appropriations spending $23 billion above Bush's request for so long, there would have been more time left to avoid axing the entire difference. Or if taxes were not as high as $22 billion for energy companies in the Democrats' version of the energy bill, some taxes may have been part of the compromise.

    But Democrats "were more interested in making a point than making law," said Don Stewart, communications director for Sen. Minority Leader Mitch McConnell. It didn't get them very far: They essentially handed Republicans their agenda on a platter at the eleventh hour to prevent a government shutdown.

    In the end, Democrats were "driven by the clock and not by the product of what's created," McCarthy added. Serious negotiations could have occurred much earlier in the year, instead of holding out stubbornly until the end of the session when all eyes were on several major unresolved bills. Sensible bipartisan compromises in piecemeal over the year look much more authoritative, organized, and productive than the harried disarray that unfolded in the past month.

    Incidentally, according to McConnell, the only truly bipartisan piece of legislation where genuine compromise was part of the equation was ethics reform, signed into law in September. But even Democrats, who heralded the landmark reforms, took advantages of the loopholes in the bill to insert about 300 air dropped earmarks which had not been taken up by either the House or Senate on the floor or as part of a vote.

    Now, with the Democrats' base up in arms, the Democrats' infighting publicly aired, and the minority declaring victory, backed up by the mainstream media no less, the bills don't even appear bipartisan. Democrats came out with the short end of the stick, even though the odds were clearly in their favor after the midterm elections.

    While Hillary is busy wrapping up universal health care, and "bring troops home" presents for potential voters, Democrats won't be able to deliver these or any other promised initiatives this Christmas season.





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  • unitednations
    03-26 08:35 PM
    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris


    First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.

    If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.

    California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.

    With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.

    for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.

    btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.



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  • easygoer
    12-17 01:48 PM
    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing

    People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.





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  • unitednations
    07-09 10:55 AM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    Honestly; uscis/dos don't care much for this. Maternity is a pretty good reason and is verifiable.

    Other then that; department of state; uscis don't care for it much. They have enough data on companies that if it happened to a person in one quarter then ok. However, if there are a number of people who fit the profile then it gives less credibility.

    I'll give you an example: DOL comes to investigate a particular person whom DOS has referred. Now; they go through the whole list of people (they actually do this); and see that every person who arrived into the country was on bench for three months...gives less credibility to the person's argument.



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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...





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  • saravanaraj.sathya
    08-08 10:39 AM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.



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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.





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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.



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  • meg_z
    08-03 01:43 PM
    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?



    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.





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  • GC08
    02-01 09:00 PM
    It is time for IV to do its job by letting the truth out. The claim that H1Bs do not pay any taxes are outrageous. They should know that H1Bs pay all the tax but do not enjoy the benefits, e.g., when they get laid off, they have to leave the coutry right away without getting a penny of unemployment benefits. They will not get the social socurity benefits if they do not work in the U.S. for at least 10 years while their visas only allow them to work 6 years in a row. Such unfairness can go on and on...:mad:





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  • pns27
    07-14 02:45 AM
    Dude, you are one confused person.........whats the point here??
    EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???

    are you insane?? you make no sense in your argument.

    Numbers fall as EB1--> EB2 --> EB3.

    Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.

    Duoo�de chillout, why are you shutting at me? I don�t have any beef with you. I am just making my point here. which is, each EB group gets equal quota of 33.33%. And there in no preference or priority given how many visas are issued in the annual quota. The preference is only in the spillover.

    Coming to my case, I have Bachelors in Engineering and Masters in Computer scinces form US. My company�s HR and Attorney then in 2002 decided and filed my case in EB3 even though I and my Job qualify for EB2 ( I was not working for desi company when I filed my CG, I still work with the same company) my PD is June 2002. I am happy and comfortable in the company, they pay well. Not having CG did not any stop my growth here. I Have no complaints for my situation and I am not blaming any one for my plight and the choices I have made and I stand by with them.

    See I am to close to getting my GC so me changing to another company to change to EB2 when everything is working great for me is not a good idea.

    Friend Rolling_Flood you take it easy now, no need to get exited.





    delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.





    SunnySurya
    08-05 12:12 PM
    With all due respect, just because few people don't like it is no reasons for getting this thread closed..
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.



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