gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
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.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
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.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
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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.
gc_lover
04-07 02:17 PM
Contributed $100 through paypal. I will try and give one more contribution before this deadline.
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pmb76
07-15 03:47 AM
Me and my couple of other friends singed just now. But my question, is this petition enough to fire this guy or atleast anyaction wub be taken againt this guy by CNN......i doubt
I don't know what this petition is going to do. Atleast it will convey to CNN top brass that there are people out there who won't tolerate such lies. Maybe it won't do anything now but we must continue our efforts and oppose such false propagation of information whenever we can.
I don't know what this petition is going to do. Atleast it will convey to CNN top brass that there are people out there who won't tolerate such lies. Maybe it won't do anything now but we must continue our efforts and oppose such false propagation of information whenever we can.
more...
zCool
01-31 11:02 AM
Those who are celebrating .. consider this.. your employer decides for any reason to not continue filing I-140 or decides to let you go in 6th yr.. earlier you used to have at least possibility of sub labor.. now you are basically straight out of luck.. Also if microsoft needed some genius from China or India to join their team and the guy obviously deserves special consideration due to business need and/or his talent.. they are stuck..! It's not good.. yes desi folks were selling and buying these but remedy is worse than the defect.. they could have made changes to rules to make it stringent and almost impossible to get but no reason to place such arbitraty deadlines etc.. if H1B and GC is geared towards desi consulting.. it's should not and will not exist in the long run..
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
rajeshalex
09-25 09:47 AM
May be we should delete this thread itself.
more...
Hope_GC
06-18 11:25 AM
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
Going by the accident Scenario.
Friend of mine involved in similar situation..
and the cop who came on the scene given ticket to every one except car7.
Reason he quoted is every car has to maintain enough distance(not sure how much by law :confused:)... Had they maintained enough distance they would not hit the car in front of them even somebody hits you from behind..
So Car3 has no right to SUE you..
Hope this would help you.
Wish You tough luck for situation you are in...
Myself car1 car2 car3 car4 car5 car6 car7
Going by the accident Scenario.
Friend of mine involved in similar situation..
and the cop who came on the scene given ticket to every one except car7.
Reason he quoted is every car has to maintain enough distance(not sure how much by law :confused:)... Had they maintained enough distance they would not hit the car in front of them even somebody hits you from behind..
So Car3 has no right to SUE you..
Hope this would help you.
Wish You tough luck for situation you are in...
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angelfire76
01-17 01:33 PM
Yes, I'm on H-1B but I prudently avoided having any significant financial or personal ties in this country, because I knew this day would come.
So if something happens, no qualms about returning to India after 10 yrs of studying and working in the US. A person with skills will get a position anywhere in the world and succeed.
So if something happens, no qualms about returning to India after 10 yrs of studying and working in the US. A person with skills will get a position anywhere in the world and succeed.
more...
summitpointe
07-20 11:27 AM
7+ years in US
Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.
Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.
Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.
Changed Employer in late 2004 and filed for GC. So my priority date is early 2005. Old Employer did not file GC so forced to leave him.
Now in retrogesstion. Employer takes lot of his share in the billing rate. If we need to go for a good billing rate, vendors think I'm new to US as I don't have GC. Lot many Dependents after getting GC started working and so supply for software professionals are more. Demand meets the supply and so the billing rate is down. Most of the vendors prefers only locals. Forced to take job whatever comes first.
Have a grown up child and she has to start his school. Well educated wife not able to work and wasting time and energy. Not able to decide other than being in US. Keep reading the forums and whenever some bill comes up hope rises, but all now in vain. From now will not expect or believe anything from US congress/senate until President signs it.
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zoooom
07-19 05:07 PM
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
more...
for_gc
12-09 10:18 AM
Can somebody please explain what does LUD stand for ? Thanks in advance.
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eb3India
03-08 06:45 PM
So I am assuming we have a way to track who they are. Why don't we tag them - on the colored button on the top right, saying something like "xxx doesnot want to contribute but has posted 239 messages" and let people decide whether to read or ignore his message.
I like the idea but we should tag members who are contributing
I like the idea but we should tag members who are contributing
more...
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tikka
05-25 02:36 PM
sent Your Web Fax Today??
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gsc999
07-11 01:44 AM
What do you guys think, should we get some flowers at the San Jose rally too and give them out to the supporters?
That will display continuity of thought with our flower campaign and weave that into the peaceful protest.
That will display continuity of thought with our flower campaign and weave that into the peaceful protest.
more...
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desi485
11-24 05:49 PM
this means EVERYONE should go with EAD
There are both advantages and disadvantages, but if you haven't consumed full 6 years of H1B, going on EAD has certain advantages.
There are both advantages and disadvantages, but if you haven't consumed full 6 years of H1B, going on EAD has certain advantages.
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sc3
09-24 12:51 PM
sc3.. The intent of Employment based category is to attract high skilled workers and NOT for preserving diversity.
There is diversity visa for that.
The intent of US immigration (employment or otherwise) is to import diverse population such that it benefits US in various different ways (socially, culturally, economically). Employment category comes under the larger umbrella of such goals.
Put yourself in ROWs shoes and if you claim that you still believe in abolishing the quota, then I will agree you are a great person. I am not, because if I put myself in their shoes, there is no way I will support this action.
There is diversity visa for that.
The intent of US immigration (employment or otherwise) is to import diverse population such that it benefits US in various different ways (socially, culturally, economically). Employment category comes under the larger umbrella of such goals.
Put yourself in ROWs shoes and if you claim that you still believe in abolishing the quota, then I will agree you are a great person. I am not, because if I put myself in their shoes, there is no way I will support this action.
more...
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akhilmahajan
01-30 04:43 PM
hopefully everybody votes.
done my part. will vote again once i reach home. need to vote for my wife ;)
done my part. will vote again once i reach home. need to vote for my wife ;)
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TUnlimited
07-18 09:49 AM
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 10.25 AM
Service Center: NSC
Rejected: Dont Know
Time Delivered To USCIS: 10.25 AM
Service Center: NSC
Rejected: Dont Know
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belmontboy
05-23 03:20 PM
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:
if you don't call and speakup, how will the lawmakers know?
your suggestion sounds great. I am sure we can accomodate that too.
Its better to have attack on many fronts than stick with one.
We need to rise and speakup, thats all matters in the end.
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:
if you don't call and speakup, how will the lawmakers know?
your suggestion sounds great. I am sure we can accomodate that too.
Its better to have attack on many fronts than stick with one.
We need to rise and speakup, thats all matters in the end.
gveerab
11-01 11:59 AM
For all of you who have send me a pvt. message asking me how to reach IO @ TSC, here are the steps:
1) Call Customer Service @ 1 800 375 5283
2) Continue in english, hit 1
3) To check the status, hit 2
4) Know your receipt number, hit 1
5) Enter Receipt number, and then for SRC, hit 1
6) Confirm Receipt Number, hit 1
7) You will now hear the status of your case. At this point, hit 3 to "Report a problem".
Here is the trick - now you will hear 4 options. I believe # 3 is "If your case is outside the processing time..." and # 4 is for "If you have filed several cases and have received a decision on....". You want to hit # 4 and you will be connected to an IO at TSC.
Just a word of caution: You will be talking to an Immigration Officer @ TSC so please be very polite. Some officers will tell you that they cannot give you any information, or you should be calling Customer Service number, simply say 'Thank You' and hang up. It might take days/weeks before you reach an IO who would be willing to help.
Again, the sequence is:
Call the customer service number.
Press 1, 2, 1, Enter Receipt Number, Hit 1 for SRC, Hit 1 to confirm RN, 3 to report a problem, 4 to connect to an officer @ TSC.
1) Call Customer Service @ 1 800 375 5283
2) Continue in english, hit 1
3) To check the status, hit 2
4) Know your receipt number, hit 1
5) Enter Receipt number, and then for SRC, hit 1
6) Confirm Receipt Number, hit 1
7) You will now hear the status of your case. At this point, hit 3 to "Report a problem".
Here is the trick - now you will hear 4 options. I believe # 3 is "If your case is outside the processing time..." and # 4 is for "If you have filed several cases and have received a decision on....". You want to hit # 4 and you will be connected to an IO at TSC.
Just a word of caution: You will be talking to an Immigration Officer @ TSC so please be very polite. Some officers will tell you that they cannot give you any information, or you should be calling Customer Service number, simply say 'Thank You' and hang up. It might take days/weeks before you reach an IO who would be willing to help.
Again, the sequence is:
Call the customer service number.
Press 1, 2, 1, Enter Receipt Number, Hit 1 for SRC, Hit 1 to confirm RN, 3 to report a problem, 4 to connect to an officer @ TSC.
BrightSpark
06-22 07:45 PM
I wanted to win too!
*pokes mlk in the eye then kicks him in the *** and runs away shouting .. i win, i win!*
*pokes mlk in the eye then kicks him in the *** and runs away shouting .. i win, i win!*
