desi3933
02-05 11:01 AM
Desi3933 - Thank you for sharing this link. Now I totally believe it.
As promised before, now after looking at DOL web site, I will shut up.
Kumar -
You are welcome. I am glad to be of help.
There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.
Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
As promised before, now after looking at DOL web site, I will shut up.
Kumar -
You are welcome. I am glad to be of help.
There was a case U.S. DEPARTMENT OF LABOR vs. Ken Technologies, Inc. That dealt with issues of benching and when employer is liable to start paying.
Personally, I don't want you to "shut up". Disagreement is part of healthy discussion. But I felt your post should have been little more polite than this post.
Where is it written???? 30 day rule?????? SHOW ME ...................................
STOP THIS NON-SENSE.......
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glus
05-23 09:10 AM
Hi,
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/publ...tactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/publ...tactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
calboy78
08-18 11:33 PM
Again folks! please think hard, what can be done ???? (other than filling lawsuits)
Just throwing ideas (may or may not work..need to brainstorm):
Write letters to Ombudsman, USCIS, DHS, Senators. Keep writing until they listen
Just throwing ideas (may or may not work..need to brainstorm):
Write letters to Ombudsman, USCIS, DHS, Senators. Keep writing until they listen
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micofrost
11-17 05:07 PM
Done.
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
The link was pretty nice and easy!!!
"I-485 Approved : 08/04/2010"
Message sent to:
Senator Sherrod Brown (D-OH)
Senator George V. Voinovich (R-OH)
Representative Patrick J. Tiberi (R-OH 12th)
I think the Republicans on that list are somewhat supportive anyway.
The link was pretty nice and easy!!!
"I-485 Approved : 08/04/2010"
more...
obviously
04-21 06:26 AM
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
amitjoey
07-09 04:50 PM
Excellent idea Naveen! I hope you don't mind but I have improved the English slightly :) and will create links on those Wiki pages to IV and the articles that you have mentioned.
go for it!!. hope Naveen wont mind.
go for it!!. hope Naveen wont mind.
more...
kalyan
06-22 01:21 PM
this is the height of Desi consulting companies i.e body shoppers, blood suckers.
Guys, try to make a difference of moving from DESI hitch hock companies.
Good luck
Guys, try to make a difference of moving from DESI hitch hock companies.
Good luck
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jindhal
09-23 04:50 PM
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.
more...
delhiguy
07-08 05:57 PM
It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extends to everybody (citizens, GC holders and non-immigrants) alike.
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).
But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.
After reading your example about the GC i am very positive now, about the lawsuit
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sina
08-01 01:45 PM
In the same boat and waiting.
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
more...
anzerraja
07-19 07:43 PM
I am already advertising this message over and again on the original thread, targetting members, who promised to pay.
See this message below. Now we will start going into each thread and start informing this message.
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/sh...874#post125874
Could you please pledge an amount ?
Done
Also..How can we let other members know that a thread like this exists...
See this message below. Now we will start going into each thread and start informing this message.
There is a funding drive in this other thread towards reimbursing Aman's expenses.
http://immigrationvoice.org/forum/sh...874#post125874
Could you please pledge an amount ?
Done
Also..How can we let other members know that a thread like this exists...
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dixie
10-18 02:14 AM
I was in a similar situation .. my employer ended up applying using my bachelor's degree. You can do that, as long as you are not claiming one of the 20000 visas exempted from the cap for masters degree holders.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.
more...
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desi3933
07-09 11:02 PM
Chandu,
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.
Sankap -
Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.
1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.
2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.
3. I-140 is for permannet and full time job only. See Page 5 of
http://www.uscis.gov/files/form/i-140instr.pdf
4. Also, read this. It says 'Permanent Employment'
OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)
Question: What is the effective date of the new Labor Certification for the Permanent Employment of Aliens in the United States, or PERM, regulation?
Answer: The PERM regulation is effective March 28, 2005, and applies to labor certification applications for the permanent employment of aliens filed on or after that date.
5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.
6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.
7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.
8. Most of the full time exempt jobs in this country are permanent in nature.
___________________
Not a legal advice.
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mike_2000_la
06-12 01:12 PM
My attorney told me it should be 1.5 months after the receipt date. But with this unprecedented volume, who knows...
I dont think there is the so caled "unprecedented volume"
I dont think there is the so caled "unprecedented volume"
more...
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saimrathi
07-03 03:34 PM
That will be a good idea.. Atleast it wont go unnoticed that way..
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
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mariner5555
04-30 02:29 PM
gcbikari ,
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D
Your argument is wrong. From the PERM FLATDATA Center DATA,
These are the Figures for TOAL LABOR CERTIFICATIONS for all the countries:
2003--->62912
2004--->43,582
2005---->6133
-----------------
1,12,627
---------------
Alex ..does this mean EB3- I will move to 2004 mid atleast ;) ? nowadays getting hope lifts spirits too :-D
more...
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lasvegas
02-06 06:35 PM
I guess, this goes mostly on " intent " basis, they probably don't need a law for this. The word "Permanent resident" itself sets forth its meaning - ie. one is intending to permanently reside in a given country. If you apply for more than one, i think they can question the intent and ask us to choose one because one can not " permanently " reside in more than one place.
2 cents.
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
2 cents.
Can someone find a US LAW which states that you cannot hold or cud apply for 2 PRs US and Canada (or any other) ...? I could not find anything.
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venkybr
09-11 11:07 AM
Anybody, whose application was received on July 11th, signed by K.LAWSON got the 485 receipts ?
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Ram_C
11-06 03:42 PM
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
has it been more than a month since you opened SR??
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
has it been more than a month since you opened SR??
kondur_007
07-28 01:11 PM
OK. So now we are fighting between EB2-India and EB3-India, are we?
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
I am sorry if it felt like fight Lasantha.
The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.
If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".
Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.
This is all about looking forward...
And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.
What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.
I dont know how else to make my point...
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
I am sorry if it felt like fight Lasantha.
The point I am trying to make is that things will not improve if we point at each other...IV is a place to come together and fight.
If you read all my posts you would realize that I pointed this issue out in May (trying to predict what would happen to EB3 based on their interpretation). An something needs to be done for EB3 as many people are stuck with their families for several years. All I am trying to urge everyone is to come together and think of a concrete plan rather than doing the "word battle".
Once such plan would be to think what type of EB immigration policy change would we advocate in proposed CIR. (again I am sure discussion about this will heat up when "horses are out of barn"; but I think this is the right time to do it) CIR will surely come again on the floor after elections. We need OUR strategy for it...do we have one??
A strategy that would benefit everyone : may it be EB1, EB2 or EB3.
This is all about looking forward...
And with all honesty, any amount of campaigning from IV or any other organization is not likely to change August bulletin and what USCIS and DOS has planned to do in next couple of months. I have information to support this statement and I will post it soon.
What we can do is to change the law for good with CIR. For that we will need strength, if EB3s leave IV, we will loose our own strength.
I dont know how else to make my point...
arsh007
12-16 01:35 PM
also focus on the positives ..for eg I am happy that because of these delays I didnt run and buy a house in usa (which is one of the worst investments that a person can make).
Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.
Just like to correct you here my friend - Its incorrect to suggest that a house is a bad investment in the US. On the other hand, why treat it as an investment like so many foolish real estate speculators out there. Think of it as a place to live and be part of the American Dream. If not for this dream, many of us would have packed up and gone home back to our own countries.
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