среда, 15. јун 2011.

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  • Leo07
    06-15 10:53 AM
    Your employer is NOT supposed to hold back any payments--it's absolutely ILLEGAL. IMHO, your best course of action would be to:
    1. Contact one of the immigration attorneys listed on the top-right corner of this web page and explain your case. In other words, validate your case first.
    2. Check if Your Client is tied to your employer, so, if you quit your employer, you are quitting the client as well?( You should already know the answer to this question)
    3. Depending on answers from 1&2 you can talk to your CLIENT and find a different employer. Your accused employer doesn't have to know any of these points.

    H1 transfer is NOT a menace, it can be done any time. As long as you have a valid client contract/job. If you have NOT filed for GC, there is more reasons for you to transfer.

    H1 Transfer rejecting = H1 Visa rejection? NOT always TRUE...

    Firstly, if you have your papers correct and have a job in hand, your H1 will NOT be rejected. As simple as that.

    Best of Luck!


    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.




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  • Student with no hopes
    11-22 10:12 AM
    There was talk of wasted visas in another thread - does the data in this thread to confirm or reject the visa wastage?




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  • coopheal
    12-28 07:34 AM
    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??




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  • nashim
    04-10 11:42 AM
    We wish for 3 years but as of today both EAD and AP new/extension is for one year



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  • Blog Feeds
    01-14 08:20 AM
    http://3.bp.blogspot.com/_HrmmM9Zhq1c/S04tovssNVI/AAAAAAAAAYI/V_rZEIpt7vo/s200/uscisLogo.gif (http://3.bp.blogspot.com/_HrmmM9Zhq1c/S04tovssNVI/AAAAAAAAAYI/V_rZEIpt7vo/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









    https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)




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  • uma001
    10-16 12:50 PM
    Do everything in premium..It is a matter of extra $1000 for each stage (H1 or I140)



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  • imh1b
    02-25 10:40 AM
    Guys,

    Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?


    It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.




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  • achu
    01-26 09:04 AM
    Have a question for President Obama? Submit yours and vote on others.

    Google is hosting your question for President Obama. I think it�s an opportunity for us (EB3, EB2) and county quota. anyone submitted question related to that?

    link here YouTube - worldview's Channel (http://www.youtube.com/worldview)

    thanks
    achu



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  • smaram1
    07-28 03:24 PM
    SunnySurya - What is Your Category (Based on ur replies it is EB2) and How About Your PD?




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  • p_aluri
    03-28 07:32 PM
    I agree with you. I am not able to access donor forums.I've contributed in the past. Even I've sent an email through contact us link, still no luck. "Administrator2" gave a good explaination about the Donar status. I am not looking for "Donor" status, all I am looking for is accessing the donor forums.

    I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.

    Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.

    It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.

    What gives?



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  • morchu
    05-06 09:51 AM
    Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.

    Future "permanent" job offer letter from an established employer is safer.

    Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".




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  • jsb
    04-09 11:54 AM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.

    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?

    When they approve, they have to check boxes for emails/actions. Sometimes they forget some of them. Your email confirms that your GC journey is over. Congrats.



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  • tom123
    10-08 02:56 PM
    Hi,

    Active trader / Passive Trader hmm !!! interesting.

    1) if you have money and time u can do as many trades as u like ( no restrictions ) even u can execute a trade every minute ( provided ur employer won't mind )

    2) Taxes has to be reported only on closing of position ( either in capital gain / loss ) as said by others

    FYI: for tax terms refer captial gains tax details ( as of now more than 1 year holding 15%, less than a year is > 15% etc., )

    Hope you make some money.




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  • unseenguy
    11-30 08:48 PM
    He is an Anti



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  • SGP
    09-21 09:33 AM
    Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

    Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

    Lesson learnt: Always check with attorney!

    Now on to the final hurdle! I-485.

    Raj:)

    Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?




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  • bajjuri77
    03-27 11:35 AM
    When you get the statement from an India bank, ask them to include the USD amount as of that date. That way you have both USD and INR amount in the statement.



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  • sk.aggarwal
    07-23 12:46 PM
    Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?




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  • gceveryone
    11-09 03:39 PM
    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)

    My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
    I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
    What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.

    Thanks a lot.
    gceveryone.

    Labor : Oct'2006
    I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
    I-1485 : Jul'19 (Recd receipt notice)
    I-131 : Jul'19 (Pending approval)
    I-765 : Jul'19 (Recd EAD)




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  • gcpain
    05-19 01:42 PM
    Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?




    zoooom
    10-26 10:27 AM
    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?




    dchamero
    09-25 12:56 PM
    excuse my ignorance.... how do you know a lawyer is blacklisted? where did you go to check for that?


    Thanks



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