unitednations
08-25 03:15 AM
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
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chmur
07-27 01:21 PM
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
mirage
03-08 08:38 PM
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
There are still lots of cases in eb3 from back that far.
Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.
One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.
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GCStatus
09-15 12:12 PM
I have sent my contacts ..
Thanks Krishna
MAN-WOMAN-GC - Here we go, first one has reached you
Thanks Krishna
MAN-WOMAN-GC - Here we go, first one has reached you
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sc3
08-18 06:50 PM
Ok, bear with me here.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
Say I have a PD from 1998, but I did not apply for 485 because, say, I wasn't married, or I my religious beliefs did not allow me, or some other reason.
Now when everybody else between 2000 and 2004 have possibly been granted their GCs based on visa availability, how fair it would be for 2005 applicant to be held back just because a 1998 guy applied today? Not it would not be. It is not fair to hold back a 2005 applicant because a 1998 person chose not to apply when the time was ripe.
Now you will argue that 1998 applicant cant be given the PD priority because he did not apply for personal reason, and that is his problem. Sorry, but then you are persecuting that person based on his religious beliefs. a big NO NO.
Bottom line is that PD priority is maintained only through cut-off (priority) dates. Beyond that it is just RD/ND. It may not sound fair to you, but it is actually fair. PD-cut-off already maintain a good priority queue.
Action on these micro-items is not good use of resource. These symptoms are only temporary, and not systemic enough to warrant a legislative action or anything else.
gcformeornot
01-29 05:54 PM
in trouble. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
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zeta7
03-22 11:33 PM
Guys,
I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.
Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.
This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!
Awaiting your responses. Thanks guys...
I'm in pretty much in the same boat as some of the other posters here. I don't have a valid H1b in my passport, I-140/I-485 is pending. EAD/AP is approved. My landing visa for Canada expires in May.
Has anyone tried landing and returning to the U.S. while on pending I-485 by utilizing their AP yet? Any issues? I expect my POE to be Chicago. Any information would be much appreciated.
This is driving me nuts. I really *really* don't want to abandon the Canada option, but the information I've come across on the forums have left me very apprehensive. I applied for Canadian Residency so that I could sleep a little better at night for the next three years, but looks like I bargained for nightmares instead!
Awaiting your responses. Thanks guys...
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gcstudent
08-31 02:43 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.
you sure look different... yes, there is a different quota for people like you.. You should check with your lawyer.
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nc14
08-18 03:04 PM
Very well said.
.................................................. ...
$470 + $50 recurring
After reading lots of forums contributors, my 2 cents :
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
People are waiting for 10 years in line, come on..think, if this happens to all of us..
c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
The harshness of things is creeping in people, but pls. some sincerity is also needed.
I thank all of you who have worked hard for the benefit of all of us.
.................................................. ...
$470 + $50 recurring
After reading lots of forums contributors, my 2 cents :
a) I think the first thing is ban those people who advise separation of interests or make invidual groups in forums.
As if things happening in india are not enough to divide people on all fronts, a new separation criteria is created here on EB1/EB2/EB3. A lot of us are very creative..wow !!
b) Initiative needs to be well spent and well thought. Its a forum for ideas and further on implementation. So, its for everyone. Taking initiative is not bad, go ahead, but walking tall on other peoples misery is not really very cool !!
People are waiting for 10 years in line, come on..think, if this happens to all of us..
c) Legal and illegal efforts. People accusing core of bank accounts withdrawls and all that nonsense, do not need any rebuttal.
The harshness of things is creeping in people, but pls. some sincerity is also needed.
I thank all of you who have worked hard for the benefit of all of us.
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man-woman-and-gc
09-15 11:43 AM
Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......
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amitjoey
07-09 07:37 PM
We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.
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immm
07-02 09:49 AM
Sent july 28th
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
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sidbee
07-28 02:35 PM
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
Very Well Said
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
Very Well Said
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cmugrad
10-04 09:49 AM
I found out the receipt numbers from check image. The details
EB3- Nov 2004 (PD)
Labor - Approved Feb 2007
I-140 - March 31 2007(Pending)
I -485 - August 15 2007 (Received at NSC)
Receipt Date - September 28 2007
Didn't apply for EAD/AP
EB3- Nov 2004 (PD)
Labor - Approved Feb 2007
I-140 - March 31 2007(Pending)
I -485 - August 15 2007 (Received at NSC)
Receipt Date - September 28 2007
Didn't apply for EAD/AP
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bayarea07
02-03 04:02 PM
Another Question, How do you imagine yourself in this country when you are 60 Years old and with no security system around, that was the biggest question that has always intrigued me.
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indyanguy
09-26 12:58 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
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prem_goel
11-17 09:50 PM
done
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Santosh_gc
06-25 05:23 PM
I am sorry to say this but I am not at all surprised that CIR may not pass. Every American I know has called his/her Senator to tell them that they wont vote for them if they vote for amnesty. And that is expected since all they know about CIR is that it is an amnesty for illegal immigrants. I would have done the same thing if I was in their shoes.
I dont know if I should be happy or sad that CIR will not pass.
I am sad since this will affect legal people waiting to get their EAD card and other such issues that IV is fighting for.
I am happy because illegals will not get amnesty. That would be a slap in our face. It would have also led to the meltdown of the immigration machine which cant handle the current workload without bungling it up.
Maybe the failure of CIR will let us redirect our our efforts so we focus on a bill which specifically addresses the issues of LEGAl immigrants and we dont get tarnished by the illegal immigrants issues.
santosh
I dont know if I should be happy or sad that CIR will not pass.
I am sad since this will affect legal people waiting to get their EAD card and other such issues that IV is fighting for.
I am happy because illegals will not get amnesty. That would be a slap in our face. It would have also led to the meltdown of the immigration machine which cant handle the current workload without bungling it up.
Maybe the failure of CIR will let us redirect our our efforts so we focus on a bill which specifically addresses the issues of LEGAl immigrants and we dont get tarnished by the illegal immigrants issues.
santosh
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Rajeev
02-01 02:31 PM
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vinabath
04-25 11:42 AM
Dude, I do not know who has given you red dot, you certainly deserve more green dots.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.
sanhari
08-09 09:12 AM
Did anyone hear anything from their local congressman or USCIS on the visa spillover usage? I am planning to send in more requests this week, let's see...
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