DariusMonsef
05-31 04:14 AM
America Loves You.
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desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
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
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
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
PS: The term token employer has been used.
_________________
Not a legal advice.
fasterthanlight�
06-09 03:56 PM
the chavPod!
Haha that's sick!
Haha that's sick!
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lvinaykumar
07-14 01:37 PM
Any updates here..
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peacock
07-17 12:32 PM
Hi
I agree that recapturing lost no's from previous years will be the best possible solution.But to do that we need intervention from the congress and the President needs to sign a bill to recapture the lost no's.To accomplish this goal we need to keep up the momentum generated from this june bulletin fiasco and intensify our lobbying efforts in Washington.
Kudo's to the IV core for their strong campaign in championing our cause.
I agree that recapturing lost no's from previous years will be the best possible solution.But to do that we need intervention from the congress and the President needs to sign a bill to recapture the lost no's.To accomplish this goal we need to keep up the momentum generated from this june bulletin fiasco and intensify our lobbying efforts in Washington.
Kudo's to the IV core for their strong campaign in championing our cause.
akred
08-25 10:21 PM
Can you suggest some credit unions please.
Thank you.
The one I use is www.1sttech.com (http://www.1sttech.com). They do not require a SSN or ITIN for this, although you can get an ITIN if needed for account opening purposes.
You do not have to add them as joint owners. They ask you to fill out their form and a W8-BEN, following which you get ATM cards that you can mail to your family overseas.
Thank you.
The one I use is www.1sttech.com (http://www.1sttech.com). They do not require a SSN or ITIN for this, although you can get an ITIN if needed for account opening purposes.
You do not have to add them as joint owners. They ask you to fill out their form and a W8-BEN, following which you get ATM cards that you can mail to your family overseas.
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forever_waiting
04-22 07:59 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.
There are far too many points here to address at one go. Let me touch upon this for starters:
The Article 1, Section 8 has this clause, regarding the power of congress:
Clause 4: To establish an uniform Rule of Naturalization
Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?
More later ..
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jamesingham
06-10 01:34 PM
I called them and sent emails to local reps.
Got a question though .
We have these 3 bills in House. Thats fine. But what about Senate. There is only 1 bill in Senate. Should we also persuade some senator to place similar bills there ?
Got a question though .
We have these 3 bills in House. Thats fine. But what about Senate. There is only 1 bill in Senate. Should we also persuade some senator to place similar bills there ?
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Legal
11-07 02:09 PM
1.Audit the companies that are suspected to abuse the H1B program i.e. enforce the laws that are already in existence.
2.Impose heavy fines on these companies.
3.Use this money to cover the costs of auditing and enforcing the laws.
How will raising the H1B fees for everyone in a blanket fashion address the current "abuses"?
2.Impose heavy fines on these companies.
3.Use this money to cover the costs of auditing and enforcing the laws.
How will raising the H1B fees for everyone in a blanket fashion address the current "abuses"?
hair Burn- Nov 2010 ( Merch)
smodekurti
10-23 03:35 PM
Finally my attorney from the previous company has received the withdrawal notice for my H1B with that company. The attorney also said that this was in response to the withdrawal request that the company has filed with USCIS after I left them.
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arunkotte
07-19 10:18 AM
Viral,
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
I am in the same boat too. If the checks start clearing, then the ones filed on July 2nd will be the first. So please update if your checks clear and that will help us decide if we have to file again.
Thanks
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
I am in the same boat too. If the checks start clearing, then the ones filed on July 2nd will be the first. So please update if your checks clear and that will help us decide if we have to file again.
Thanks
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rheoretro
11-12 06:40 PM
Don't bet on this too much. Not being pessimistic, but in a democracy it is not just what is done but who does it and how it is done. Why should Republicans in the outgoing Congress vote again on a bill when their majority status is obsolete now? Do you think democrats will allow this outgoing congress to take the credit? they are politicians too, anything crappy in that bill is going to be the new Congress's (read Democrat's) burden. Already, a bombshell is waiting in the form of a hastily passed by the house_hastily signed by teh President bill: there is a fine print that removes oversight of how money is spent in Iraq (at least some of it). So, there may even be review of hastily passed, pre-election bills. anything more like this is going to give this congress very very bad name and the next congress a really bad headache.
CIR is a heavyweight bill. Heavyweight bills passed hastily leads to heavy indigestion. Look at the parliamentary history in US and India. We need lite weight riders and hitchhikers. Pushing on CIR is betting on a horse that is soon to be retired, with masked broken limbs..
Next move for EB should be THE decisive, concise, striking at the heart and quick. CIR is not the best bet for that.
Somthing early spring would be the ideal thing to expect before the political capital is lost by the new congress.
You got that right, buddy! I've been saying that for a few weeks now, but folks on this forum seem to think I'm off the ball! Bien, bien! Muy bien!
Ciao!
RR
CIR is a heavyweight bill. Heavyweight bills passed hastily leads to heavy indigestion. Look at the parliamentary history in US and India. We need lite weight riders and hitchhikers. Pushing on CIR is betting on a horse that is soon to be retired, with masked broken limbs..
Next move for EB should be THE decisive, concise, striking at the heart and quick. CIR is not the best bet for that.
Somthing early spring would be the ideal thing to expect before the political capital is lost by the new congress.
You got that right, buddy! I've been saying that for a few weeks now, but folks on this forum seem to think I'm off the ball! Bien, bien! Muy bien!
Ciao!
RR
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joydiptac
05-12 11:08 PM
Nitin,
US archaic GC rules just lost a potential great immigrant to Canada.
And I agree that everyone should have a life. I suppose they have one too. They have the right to have their own opinion. Guess what? It might be that they like to hang around other Desis in the same boat that may be the reason why they come here. :D
BTW, Congratulations for your Candian PR.
n'
Joy
P.S> This immigration thing is like betting on a stock. Question is do you buy "puts" to insure your long position or not? For all you know Canda might turn out to be top dog in another decade. They have the resources, the land and a bunchof good people.
US archaic GC rules just lost a potential great immigrant to Canada.
And I agree that everyone should have a life. I suppose they have one too. They have the right to have their own opinion. Guess what? It might be that they like to hang around other Desis in the same boat that may be the reason why they come here. :D
BTW, Congratulations for your Candian PR.
n'
Joy
P.S> This immigration thing is like betting on a stock. Question is do you buy "puts" to insure your long position or not? For all you know Canda might turn out to be top dog in another decade. They have the resources, the land and a bunchof good people.
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gc_lover
07-18 01:47 PM
PD: Sept 2003/EB2
Reached USCIS: July 2nd 2007, 9:01 AM
Rejection: Unknown
Check Cashed: Don't know, company's check
Reached USCIS: July 2nd 2007, 9:01 AM
Rejection: Unknown
Check Cashed: Don't know, company's check
more...
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kubmilegaGC
09-15 10:54 PM
Recd the CPO E mail today @ 7 PM EDT - 9/15 from TSC
EB2- June 04
Attorney Sent a Letter to AILA liason on 8/20
Called TSC on 8/27/ - Opened a SR
Called TSC again on 9/3 - CSR told me that they sent a reply for the SR opened on 8/27
Recd the SR - reply on 9/4/09 stating that " your Application processing is pending/delayed"
Called Senator office on 9/9/09 and sent fax
Called Senator office on 9/14/09 - Liason officer told me that it will take 30 to 60 days to get the response.
Called other Senator office on 9/14/09 , Sent the fax
Called again to II Senator office on 9/15/09, I was told to call back after 15 days to get the respose
Called TSC again on 9/15/09 around 4.45 PM EDT, Talked CSR , So nice , she eve discussed about the weather , summer time events etc, I told her about the letter I have recd for my SR ( 8/29), she asked if it mentioned any time frame, And i told her "No", then she said it is very unusaul and tranferred my call to the officer,
1st he told me the current processing time is 9/07/07 and my ND is 9/28/07 so my application has a 21 days lag, Then I told him that my application has mailed on 8/7/09, I also mentioned about the letter i received for SR, then he started asking questions about the receipt # and case details
The the officer verified following details
My first name,
Last name,
Address, Zip code, Door #,
fathers first name
mothers first name,
4 Digit SSN
and then told me that your case is under review with an officer from 8/29/08( Then I realized both of us had a Soft LUD on our application on 8/29/08) , I told him about that, the he said yes it is , it is related to the interal process. Then I asked him that What can i do now, He said, Keep your faith and finger crossed asked to me keep on calling USCIS TSC office every week to check about my case.
I really don't know whether he is playing with me or what.
what ever it is I got the CPO e mail @ 7 PM EDT
10 Yr wait is over.
Thank you all, I am not going away, Tristate leadership knows me very well, and I will be involved all the effort of the IV
@natraj - YOU ARE THERE. I remember my afternoon emails and our exchange ...How life can change in few hours :) GREAT NEWS - Congratulations on getting GREEN ...so there is still hope for June 04...:)
Back to counting hours for my ongoing torture...:) USCIS willing!
EB2- June 04
Attorney Sent a Letter to AILA liason on 8/20
Called TSC on 8/27/ - Opened a SR
Called TSC again on 9/3 - CSR told me that they sent a reply for the SR opened on 8/27
Recd the SR - reply on 9/4/09 stating that " your Application processing is pending/delayed"
Called Senator office on 9/9/09 and sent fax
Called Senator office on 9/14/09 - Liason officer told me that it will take 30 to 60 days to get the response.
Called other Senator office on 9/14/09 , Sent the fax
Called again to II Senator office on 9/15/09, I was told to call back after 15 days to get the respose
Called TSC again on 9/15/09 around 4.45 PM EDT, Talked CSR , So nice , she eve discussed about the weather , summer time events etc, I told her about the letter I have recd for my SR ( 8/29), she asked if it mentioned any time frame, And i told her "No", then she said it is very unusaul and tranferred my call to the officer,
1st he told me the current processing time is 9/07/07 and my ND is 9/28/07 so my application has a 21 days lag, Then I told him that my application has mailed on 8/7/09, I also mentioned about the letter i received for SR, then he started asking questions about the receipt # and case details
The the officer verified following details
My first name,
Last name,
Address, Zip code, Door #,
fathers first name
mothers first name,
4 Digit SSN
and then told me that your case is under review with an officer from 8/29/08( Then I realized both of us had a Soft LUD on our application on 8/29/08) , I told him about that, the he said yes it is , it is related to the interal process. Then I asked him that What can i do now, He said, Keep your faith and finger crossed asked to me keep on calling USCIS TSC office every week to check about my case.
I really don't know whether he is playing with me or what.
what ever it is I got the CPO e mail @ 7 PM EDT
10 Yr wait is over.
Thank you all, I am not going away, Tristate leadership knows me very well, and I will be involved all the effort of the IV
@natraj - YOU ARE THERE. I remember my afternoon emails and our exchange ...How life can change in few hours :) GREAT NEWS - Congratulations on getting GREEN ...so there is still hope for June 04...:)
Back to counting hours for my ongoing torture...:) USCIS willing!
dresses Out Article - Touche Amore
floridasun
01-22 01:45 PM
There are many good strategies but I have no idea on sophistication of each individual. For example right now you can sell credit default swaps on Goldman sachs medium senior secured notes and hedge it with delta units of binary in-the-money call options on the VIX. This will give you synthetic exposure to the notes with steady cash flow and the binaries are cheap. If goldman defaults the VIX will sky rocket giving you a handsome payout better than what you will have to pay on the senior secured notes because of high recovery rate if all the default climbs up to the senior tranche. Actually this would be equal to the end of the world in today�s market.
Or better yet just buy SPX and sit, the market is doing all the work for you.
The US natural gas market is in contango (I swear this is not jargon:o, there is no other term). So buy long dated/leap calls at the money now. In 2 years you will be so deep in the money you wont know what to do. But average retail investor cannot hedge this as he cannot trade spot.
So I guess my point is there are sophisticated ways to make money for which the average retail investor has no access to. If there is a simple way then it has already been exploited under the no-arbitrage clause of free markets.
If you have 2-5 year horizon. Go long the market and sit on it would be my best advice. If people want to meet and share ideas I am open to it. I live in NJ so NY/NJ is fine spot to meet.
good thread. I do little bit of trading myself from a personal brokerage account and made some pocket change (few hundreds by trading commodity ETFs) recently. in layman terms, can u explain wht do u mean by ' US natural gas market is in contango' .
Or better yet just buy SPX and sit, the market is doing all the work for you.
The US natural gas market is in contango (I swear this is not jargon:o, there is no other term). So buy long dated/leap calls at the money now. In 2 years you will be so deep in the money you wont know what to do. But average retail investor cannot hedge this as he cannot trade spot.
So I guess my point is there are sophisticated ways to make money for which the average retail investor has no access to. If there is a simple way then it has already been exploited under the no-arbitrage clause of free markets.
If you have 2-5 year horizon. Go long the market and sit on it would be my best advice. If people want to meet and share ideas I am open to it. I live in NJ so NY/NJ is fine spot to meet.
good thread. I do little bit of trading myself from a personal brokerage account and made some pocket change (few hundreds by trading commodity ETFs) recently. in layman terms, can u explain wht do u mean by ' US natural gas market is in contango' .
more...
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bobzibub
05-25 02:57 PM
well said... and key point is we are bashing (if that's what you want to call it) the system (we are part of the system) not Americans...
Lot of people fail or choose not to see that.
We do have a right to request prompt, fair service.
We do have a right to expect to be treated by the system as we treat the system: with respect.
If we do not actively seek to change the system for the better, then who will?
There is no injustice that some justify with "well, he's illegal!" or "He's not American!" It is not acceptable. Not just because it is unfair to us, but because there are no bounds to it.
If early Americans just accepted how the British treated them, there would be no United States. Not arguing for revolution, but I am saying that any efficiency that exists today exists because of the demand for it. Regardless of citizenship.
Lot of people fail or choose not to see that.
We do have a right to request prompt, fair service.
We do have a right to expect to be treated by the system as we treat the system: with respect.
If we do not actively seek to change the system for the better, then who will?
There is no injustice that some justify with "well, he's illegal!" or "He's not American!" It is not acceptable. Not just because it is unfair to us, but because there are no bounds to it.
If early Americans just accepted how the British treated them, there would be no United States. Not arguing for revolution, but I am saying that any efficiency that exists today exists because of the demand for it. Regardless of citizenship.
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gceverywhere
07-17 05:39 PM
First of all, Thanks to IV core and everyone else who made this possible.
I agree 100% with the original poster. While it may seem
like we have won, it's really a very small relief.
We need to push for the resolution that requires the unused numbers to be used and also for some way to increase that number. It may seem like a distant dream and too big of a task but WE MUST NOT LOSE THE MOMENTUM. The worst thing about waiting for years after years is that we can not plan our lives. Using EAD could be much more complex compared to just gettting it. So in most cases you end you giving 5-10 golden years of your career. While I understand that we have made this choice to stay here and that green card is not our birth right, I think it is very dangerous to accept the status quo and to not ask for a better life.
I agree 100% with the original poster. While it may seem
like we have won, it's really a very small relief.
We need to push for the resolution that requires the unused numbers to be used and also for some way to increase that number. It may seem like a distant dream and too big of a task but WE MUST NOT LOSE THE MOMENTUM. The worst thing about waiting for years after years is that we can not plan our lives. Using EAD could be much more complex compared to just gettting it. So in most cases you end you giving 5-10 golden years of your career. While I understand that we have made this choice to stay here and that green card is not our birth right, I think it is very dangerous to accept the status quo and to not ask for a better life.
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ab_tak_chappan
08-20 01:13 AM
albertpinto dont be jealous dude :) :D:mad::D:mad::D
I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??
I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??
Green.Tech
06-19 02:18 PM
When is the full committee meeting?
I am not sure willwin. Sorry :confused:
I am not sure willwin. Sorry :confused:
Mr. Brown
05-14 08:23 PM
Mr Brown,
Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!. Just because you chose to buy a home and have a life does not mean that others dont. Every one lives their own lives. Those who dont buy a home live a life of their choice. Stop judging people. GC was not a risk or hindrance to you in buying a home but could be for Joe the Analyst. You might have deep pockets, Joe the analyst might not or have other commitments
Your statements (above in bold) are contradictory. On one hand you don't want us to judge you but you return us the favor anyway.
Let me be clear here. I was talking about people who come here whining about how they can't buy a house ONLY because of the gc/immigration laws etc. I am not talking about Joe the Analyst (nicely copied BTW :-))
All I am saying is to stop whining and do better to withstand what you cannot change.
BTW, I put 10% down on my house and I've got the usual commitments.
Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!. Just because you chose to buy a home and have a life does not mean that others dont. Every one lives their own lives. Those who dont buy a home live a life of their choice. Stop judging people. GC was not a risk or hindrance to you in buying a home but could be for Joe the Analyst. You might have deep pockets, Joe the analyst might not or have other commitments
Your statements (above in bold) are contradictory. On one hand you don't want us to judge you but you return us the favor anyway.
Let me be clear here. I was talking about people who come here whining about how they can't buy a house ONLY because of the gc/immigration laws etc. I am not talking about Joe the Analyst (nicely copied BTW :-))
All I am saying is to stop whining and do better to withstand what you cannot change.
BTW, I put 10% down on my house and I've got the usual commitments.
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