images Natalie Imbruglia at the 
dagabaaj
02-05 05:38 PM
EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.
Well what eb3_nepa and me are eluding to has no intention of superseeding the main agenda nor is it in anyway a distraction, it just the germination of an idea out of circumstantial frustration. Also if we truly belive what we are doing is right then there is no question of leaving this forum.
We all support the main agenda and also have a very positive attitude that we will see the light of a bright new day very soon. God willing we all will have our GC in 2 years or so.
Well what eb3_nepa and me are eluding to has no intention of superseeding the main agenda nor is it in anyway a distraction, it just the germination of an idea out of circumstantial frustration. Also if we truly belive what we are doing is right then there is no question of leaving this forum.
We all support the main agenda and also have a very positive attitude that we will see the light of a bright new day very soon. God willing we all will have our GC in 2 years or so.
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Maniaci
06-04 03:52 PM
Alright, now this one is a skin.... I hope...
dvnagesh
04-01 01:55 PM
I got a soft LUD on my 485 application on 3/26/2009 [first time since the original LUD.] Soft LUD on the spouse' 485 as well. Will post if there are any updates....
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gc28262
01-28 04:39 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
more...
tonyHK12
04-20 06:01 PM
It seems that some of us want to fight, but don't have a dedicated thread. Instead we have been hijacking other useful threads.
What I propose here is a FIGHT THREAD.
Yes, this is a copycat idea from FIGHT CLUB
How we go about:
1.) Establish a dedicated thread - just for fighting.
2.) At a pre-determined time (of day or night), fighters login.
3.) They start fighting and all posts/fights will be restricted to FIGHT THREAD only.
4.) Fight ends at a specificed time.
5.) Fighters take a break until the next schedule (may be daily or thrice a week)
6.) Fighters donot desecrate other threads, if they do, they will be banned from FIGHT THREAD.
how's the idea :D?
Agreed, let everybody keep this to topic and stop making personal remarks. I haven't made any personal attacks in this thread. A couple of notorious people are at it as usual.
What I propose here is a FIGHT THREAD.
Yes, this is a copycat idea from FIGHT CLUB
How we go about:
1.) Establish a dedicated thread - just for fighting.
2.) At a pre-determined time (of day or night), fighters login.
3.) They start fighting and all posts/fights will be restricted to FIGHT THREAD only.
4.) Fight ends at a specificed time.
5.) Fighters take a break until the next schedule (may be daily or thrice a week)
6.) Fighters donot desecrate other threads, if they do, they will be banned from FIGHT THREAD.
how's the idea :D?
Agreed, let everybody keep this to topic and stop making personal remarks. I haven't made any personal attacks in this thread. A couple of notorious people are at it as usual.
ps57002
01-30 04:50 PM
done
more...
Openarms
06-13 10:18 AM
1) USCIS/State Dept has lost the credibility of the people, thus we should not rely on what they say in Visa Bulletins.
2) How come they wasted so many Visas since 2004 while they are saying VISA un available for EB3-India all along.
3) Why did they have not transferred EB3-ROW unused Visas to EB3-India,china categories all along?
4) How come they are transferring unused Visas to EB2-India with out any LAW passed by congress.
5) Why they can not do same thing for EB3-India and why do they need new LAW and why ask congress again. Even congress has showed lot of frustration about this but things won't happen there over night. They take years.
So the point is why USCIS not transferred unused EB3-ROW visas to EB3-India,china from 2004 to 2008????
I think leadership of IV needs to focus on this and I will be behind it.
2) How come they wasted so many Visas since 2004 while they are saying VISA un available for EB3-India all along.
3) Why did they have not transferred EB3-ROW unused Visas to EB3-India,china categories all along?
4) How come they are transferring unused Visas to EB2-India with out any LAW passed by congress.
5) Why they can not do same thing for EB3-India and why do they need new LAW and why ask congress again. Even congress has showed lot of frustration about this but things won't happen there over night. They take years.
So the point is why USCIS not transferred unused EB3-ROW visas to EB3-India,china from 2004 to 2008????
I think leadership of IV needs to focus on this and I will be behind it.
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mach1343
10-17 03:09 PM
ICICI is a worst crap. CS is horrible. I was with them for last 8 months. They have the best RIP-OFF technology in terms of rate conversions. I am planning to move to SBI. But please suggest best banks for remit2India. We'll list out the banks so that it will useful for other members.
more...
NKR
03-13 10:05 AM
Looks like I need to take up a priests job somewhere and file another GC in E4 category which is current. God willing, I might get GC soon.
BTW I was not expecting EB2 to move forward that much. Would be interesting to see if it moves further in next bulletin..
BTW I was not expecting EB2 to move forward that much. Would be interesting to see if it moves further in next bulletin..
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gcsomeday
07-11 12:41 PM
Sorry- I think it is already being addressed. My bad.
more...
imneedy
02-27 07:04 PM
Do you know if labor substitution for future employment is possible.
I am working with company A and company B have labor approved with 2003 priority date. I want to work with company A till my I-140 labor substitution application (from employer B) is approved by uscis.
Do you know if it is possible?
Thanks in advance!!
Assuming that you can still file for labor substitution, any suggestions on risk involved with substitution for future employment?
I am working with company A and company B have labor approved with 2003 priority date. I want to work with company A till my I-140 labor substitution application (from employer B) is approved by uscis.
Do you know if it is possible?
Thanks in advance!!
Assuming that you can still file for labor substitution, any suggestions on risk involved with substitution for future employment?
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indigo10
04-05 06:27 PM
Alex, you Rock !!!
Though your case is weak(in my personal opinion because you seem to have entered US uninvited), A complaint against the employer may unravel some strong cases when the investigation happens.
This is from my experience:
Few years ago, some one complained against our employer about back wages and we all benefited from it. Our employer had to pay the wages for the vacations that we took (supposedly paid vacation) which they would not have paid, if the investigation had not occurred.
Though your case is weak(in my personal opinion because you seem to have entered US uninvited), A complaint against the employer may unravel some strong cases when the investigation happens.
This is from my experience:
Few years ago, some one complained against our employer about back wages and we all benefited from it. Our employer had to pay the wages for the vacations that we took (supposedly paid vacation) which they would not have paid, if the investigation had not occurred.
more...
house and Natalie Imbruglia
days_go_by
08-01 02:36 PM
While we are at it let me throw this in....
Assuming you decide to persue MBA from a good university instead of online. What kind of investment of time and money are you looking at? Is it really worth the investment when you are already in your 30's? Is is worth spending the time and money on a MBA? If you spend the same time/money on a business opportunity wouldn't that be better in the longer run? Is it practical to start a business when you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC? Is it a safer bet to invest in education?
---------------
In my opnion starting your own business is always a good idea, of course with uncertainities with GC process it is another risk added to the enterprise.
In my opinion, doing an MBA from a good school can open up doors to further growth in a comapny. With jsut technical skills it can get stagnated.
Age should not be a restraint, but with age comes other responsibilities of familiy etc, those could be more limiting.
I think doing MBA from a good institute is good idea, India is really humming and has lot of growth opportunities for MBAs.
Assuming you decide to persue MBA from a good university instead of online. What kind of investment of time and money are you looking at? Is it really worth the investment when you are already in your 30's? Is is worth spending the time and money on a MBA? If you spend the same time/money on a business opportunity wouldn't that be better in the longer run? Is it practical to start a business when you are in the 7th/8th/9th year of H1b with no idea if/when you will get GC? Is it a safer bet to invest in education?
---------------
In my opnion starting your own business is always a good idea, of course with uncertainities with GC process it is another risk added to the enterprise.
In my opinion, doing an MBA from a good school can open up doors to further growth in a comapny. With jsut technical skills it can get stagnated.
Age should not be a restraint, but with age comes other responsibilities of familiy etc, those could be more limiting.
I think doing MBA from a good institute is good idea, India is really humming and has lot of growth opportunities for MBAs.
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vin13
10-03 11:59 AM
Did anyone notice that GCTest's only interest was to start a fight between EB2 and EB3 folks.
See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .
United we stand and divided we fall. This is true since life started and will be true until the end of time.
You are absolutely right. there is no need to fight we are all in the same pool...There is no EB2/EB3. We are all people who are desperately waiting for our gc's and please we need to work together to have things solved...This post is not helping issues...but making worse.
And for GCtest i think He/She just likes to start a fight and stand back and watch the fun....am I right "GCTEST" ;)
See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .
United we stand and divided we fall. This is true since life started and will be true until the end of time.
You are absolutely right. there is no need to fight we are all in the same pool...There is no EB2/EB3. We are all people who are desperately waiting for our gc's and please we need to work together to have things solved...This post is not helping issues...but making worse.
And for GCtest i think He/She just likes to start a fight and stand back and watch the fun....am I right "GCTEST" ;)
more...
pictures Natalie Imbruglia
jitnair
12-28 08:34 AM
My H1b (Revalidation for 7th yr) was on Dec 13th 1:45PM...Still hasnt receive my passport...Called the consulate ...they mentioned PIMS check is needed in order to stamp the passport...My travel date is Jan 9th..and I am also getting anxious...When asked about how long I will have to wait..they said to call back on Jan 5th (!!!????)...
Consulate apparently was on vacation from Dec 21st thru 26th..in US also until 2nd is pretty much 'holiday season' (lot of folks on vacation) (I hear this PIMS check is done by some system in Okalahoma)..
I hope I wont have to postpone my tickets...Looks like this system got kicked in Late Nov,Dec (Per Murthy)..May be we are the gini pigs..
I echoed my concern to the US consulate that delays will cause significant financial loss (extra vacation days, loss of pay, travel plan changes etc)...I dont think they are bothered..but it will be good if who ever is affected can send emails/call consulate and echo these concerns..('May be' all of us together will have a bigger voice)
Consulate apparently was on vacation from Dec 21st thru 26th..in US also until 2nd is pretty much 'holiday season' (lot of folks on vacation) (I hear this PIMS check is done by some system in Okalahoma)..
I hope I wont have to postpone my tickets...Looks like this system got kicked in Late Nov,Dec (Per Murthy)..May be we are the gini pigs..
I echoed my concern to the US consulate that delays will cause significant financial loss (extra vacation days, loss of pay, travel plan changes etc)...I dont think they are bothered..but it will be good if who ever is affected can send emails/call consulate and echo these concerns..('May be' all of us together will have a bigger voice)
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aspiration
06-11 01:19 PM
Called all 6 rep's offices plus my local north carolina 4th district rep David Price.
Everyone note down the bill numbers and said that they will pass on the message.. Mary Bono's office asked to call local rep office, which i did before..
Some of them were very nice and asked the address and name and all, whereas some of them just got the bill numbers and were eager to hang up the phone..
....Apart from contributing during the funding drive.. this is my first action to call reps...Felt great and encourage everyone else to give it a try....Try calling just one of them and you will feel the urge to call all of them and do your part...
Everyone note down the bill numbers and said that they will pass on the message.. Mary Bono's office asked to call local rep office, which i did before..
Some of them were very nice and asked the address and name and all, whereas some of them just got the bill numbers and were eager to hang up the phone..
....Apart from contributing during the funding drive.. this is my first action to call reps...Felt great and encourage everyone else to give it a try....Try calling just one of them and you will feel the urge to call all of them and do your part...
more...
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vsrinir
09-17 12:01 PM
Here is the link
http://judiciary.house.gov/hearings/calendar.html
click on todays date.
It will pop up
http://judiciary.house.gov/hearings/calendar.html
click on todays date.
It will pop up
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chanduv23
03-20 02:43 PM
Thanks, you are right. It's like the water bucket analogy. Put your hand inside the bucket, and then take it out, and you won't see much difference in the water level. That's how expendable we are to our employers.
A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.
Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.
So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................
The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes
A lot of people are indespensible based on employer needs and competition and skills. So you just have to find the right employer and concentrate on your skills.
Companies like MSFT and Google believe in retaining employees at any cost and taking care of employees in best possible ways. But getting into them will be competitive.
So it all depends on a lot of factors, company finances, employer attitude, bad luck, bad time, business going down, bad managers, problems in departments, co workers issuees, consulting company blues, immigration issues etc.. ................
The chances that someone goes through this situation is 100% and remember no one is "despensable" or "indespensable", it is all about how resistant you are to changes
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RaviG
02-01 05:06 PM
Aren't these pretty complex questions for them.
Why can't we ask a simple question like this?
1. Given the green card woes lot of US eductated scientists and technical talent are leaving US for their home country. This is helping the home country and increasing outsourcing market. What are you going to do about it? Are you going to do any thing to keep them here?
Should I ask this question? Any inputs.
Why can't we ask a simple question like this?
1. Given the green card woes lot of US eductated scientists and technical talent are leaving US for their home country. This is helping the home country and increasing outsourcing market. What are you going to do about it? Are you going to do any thing to keep them here?
Should I ask this question? Any inputs.
anilsal
11-15 02:12 PM
Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.
admesystems
01-09 11:41 AM
Thank you Lazycis...
I was out of status for more than a year when I got married
I was out of status for more than a year when I got married
