brshankar
08-11 12:23 PM
Done
wallpaper New world Ro Rocking back
desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
kshitijnt
10-09 07:28 PM
Only thing that makes sense right now is gold.
2011 Ragnarok Girl Wallpaper; wallpaper ragnarok. mostly for FMA and RO
GKBest
09-30 01:24 AM
Hi there,
I received the exact same Email notice from USCIS as you on Sept. 28, 2007. I'm confused! I got my H1B 7th year extention approved in Feb. 2006. What happened to this case?
What are your priority dates? They may now be working on your GC application.
I received the exact same Email notice from USCIS as you on Sept. 28, 2007. I'm confused! I got my H1B 7th year extention approved in Feb. 2006. What happened to this case?
What are your priority dates? They may now be working on your GC application.
more...
leoindiano
03-13 10:19 AM
One step closer.
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
With last year crisscrossing, EB2 India most apps are cleared upto september 2004. We should not have too many in 2004 except substitution cases.
Hope it will step into 2005 in next 4 months....
chanduv23
07-19 10:24 AM
We would be happy to know from core that your expenses have been reimbursed. I am sure, Jwalant, Himanshu, Prsatik etc.. all have contributed apart from Aman.
Offcourse the time spent cannot be reimbursed, but definitely money can. Its wrong on part that one has to shed so much money.
Offcourse the time spent cannot be reimbursed, but definitely money can. Its wrong on part that one has to shed so much money.
more...
thakurrajiv
07-30 01:53 PM
NYSE:GLD : SPDR Gold Trust holds physical gold
NYSE:SLV : iShares Silver Trust, the assets consist primarily of silver held by the custodian on behalf of the Trust.
SLV profile in yahoo mentions it tries to hold instruments to match SLV performance.
GLD claims physical gold holding in their profile. There is not holding detail on yahoo finance.
It will be interesting to dig into their actual portfolio holdings. But I agree that these are probably the closest instruments on gold and silver price play.
NYSE:SLV : iShares Silver Trust, the assets consist primarily of silver held by the custodian on behalf of the Trust.
SLV profile in yahoo mentions it tries to hold instruments to match SLV performance.
GLD claims physical gold holding in their profile. There is not holding detail on yahoo finance.
It will be interesting to dig into their actual portfolio holdings. But I agree that these are probably the closest instruments on gold and silver price play.
2010 wallpapers ragnarok.
shishya
06-13 06:21 PM
Now thats a relief for all of us!
I do have this question:
How long does it take if I get my GC now (as a bachelor) and then later on apply GC for my wife? I heard its around 4-5 years again?
So, would it be a better decision to wait and not apply for 485 (I have my 140 approved as of Dec 06) now until I get married to be able to apply it together with my wife?
Comments/opinions please!
Thanks!
I do have this question:
How long does it take if I get my GC now (as a bachelor) and then later on apply GC for my wife? I heard its around 4-5 years again?
So, would it be a better decision to wait and not apply for 485 (I have my 140 approved as of Dec 06) now until I get married to be able to apply it together with my wife?
Comments/opinions please!
Thanks!
more...
gceverywhere
01-31 07:46 PM
thanks for leading this effort
hair 800x600 1024x768 1152x864
kishore0302
09-17 10:51 AM
Did they start yet ?. Already 30 min over..in this session...
more...
__THISRES__93469.jpg "Searching all en")
gcsomeday
07-11 12:41 PM
Sorry- I think it is already being addressed. My bad.
hot Ragnarok Online wallpaper
wandmaker
06-09 03:33 PM
^
more...
house Wallpaper - 2
dleekha
11-03 08:34 PM
i got rfe for 140 asking for proof for ability to pay.one they have asked for is a tax return which i have got from the empliyer.the other is an audited financial statement for 2007..i understand that u need a cpa for it.anyone knows if just plain financial docs will do or do they have ot be audited.has anyone got it done?any idea about the costs?
tattoo RO Ninja
black_logs
04-08 09:51 AM
After meeting several administrative and Lawmakers staff, we concluded there's no legislation that can help people waiting for Labor Cert from BECs. But we thought if people get 3 year H1B ext. Atleast they can move on to new jobs etc and file in PERM etc. It will be a big relief.
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
more...
pictures Ragnarok Online 2 wallpaper
msadiqali
08-14 05:34 PM
It was a ridiculous mail by chanakya..If we keep accepting the system as is then there will be no change. we have to make efforts to change the system, clean the system or make it better. And to everybody else, yes the system is defined to bring in cheap labor and exploit them as much as possible. Otherwise it would be ridiculos in the 21st century to be worrying about immigration. Can you imagine when billions of dollars can cross boundaries within seconds without any rules, destroying lives for many, creating new for few..If we can allow capital to do that, why should labor be restricted? and then why do we call it free market?
So yes..we need to complain and crib and work for better things..not accept status qo and stay put.
So yes..we need to complain and crib and work for better things..not accept status qo and stay put.
dresses Ragnarok Online, however
darslee
07-13 09:25 PM
As anxious as I am waiting for the HUGE news, I agree with you Drona. Any announcemen t today would have detracted from the bigger long term issues. March your heart out and know that we are with you all in spirit! :)
more...
makeup wallpaper, Ragnarok Archer
lazycis
11-23 01:48 PM
hi,
nc pending sept/2004
File a lawsuit against the USCIS.
http://en.wikibooks.org/wiki/FBI_name_check
nc pending sept/2004
File a lawsuit against the USCIS.
http://en.wikibooks.org/wiki/FBI_name_check
girlfriend Create Postcard From Ragnarok; wallpaper ragnarok. 800x600 1024x768 1152x864
voldemar
02-27 03:55 PM
labor sub is being cancelled.. Don't get into it.. you will loose money and gain nothing..
Wrong. There is still time to get it done.
Wrong. There is still time to get it done.
hairstyles Searching all en
NNReddy
04-18 07:04 PM
I am happy about OP's Green card. I want to get some answers for some questions, been in this country for 16 years, wan't to get my Green card man(june 2003)
days_go_by
07-31 06:23 PM
Hi Guys,
Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.
So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.
Take Care
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.
So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.
Take Care
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
mhathi
12-13 09:29 AM
I am not able to start and feel that there is already hidden membership is there. Is there any thuth in this feeling? How does IV is working in terms of access rights?
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
We collected 30,000 in eight days. I would not call that so difficult...
Sure it could have been better... but thats the question members should ask themselves, not the CORE or the volunteers.
IV is already not member friendly. With 25,000 members, raising 30,000 is getting so difficult. Why so? I once posed the question and moderators conveniently deleted it.
We collected 30,000 in eight days. I would not call that so difficult...
Sure it could have been better... but thats the question members should ask themselves, not the CORE or the volunteers.
No comments:
Post a Comment