madhu_online1
03-20 04:36 PM
count me in to fight..
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StukAtBEC
01-31 10:06 AM
14 and 23...
kate123
03-10 05:08 PM
Hopefully VDL Rao's prediction will come true :)
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gcformeornot
09-23 06:53 PM
http://boards.immigration.com/showthread.php?t=286606 :mad::mad:
Alot of members have fled to immigrationvoice with a hope to get their GC very quickly. Today the organization have received a final blow in its coffin when the House Judiciary Committee did'nt even look at HR5882.
Members are always been targeted for contributions for lobbyists, free lunch etc. and yet nothing concrete have been acheived by IV. I have never seen this website(immigrationportal) ask members for a single dollar yet have been just as helpful or even more helpful than IV and also this website is flame free you can express your self without fear. At IV to disagree you are a moron..(GIVING RED DOTS, ACTING LIKE A GROUP OF KINDERGARDEN KIDS, NO WONDER THE HORSE BILL WAS MARKUP AND HR5882 ISN'T)
I think its time for the chicken to come back to roost, the grass is not always greener on the other side. Save your money in this time of need and lets us make this site what it was in past before when some selfish persons seeking self gratification lure away members. The moderators of this site is to blame because they played a part in sucking up them, by deleting post that IV is not pleased of and giving aways members IP, thus in the process leaving this site to die a slow death.
I know IV hardcore members will attack this post and ask mod to delete this thread etc. They will be even more stupid to do so. (Its beter IV spend their time organizing a huge rally in Washington next year than telling their poor members to call senators and congress reps.)
--------------------------------------------------------------------------------
Alot of members have fled to immigrationvoice with a hope to get their GC very quickly. Today the organization have received a final blow in its coffin when the House Judiciary Committee did'nt even look at HR5882.
Members are always been targeted for contributions for lobbyists, free lunch etc. and yet nothing concrete have been acheived by IV. I have never seen this website(immigrationportal) ask members for a single dollar yet have been just as helpful or even more helpful than IV and also this website is flame free you can express your self without fear. At IV to disagree you are a moron..(GIVING RED DOTS, ACTING LIKE A GROUP OF KINDERGARDEN KIDS, NO WONDER THE HORSE BILL WAS MARKUP AND HR5882 ISN'T)
I think its time for the chicken to come back to roost, the grass is not always greener on the other side. Save your money in this time of need and lets us make this site what it was in past before when some selfish persons seeking self gratification lure away members. The moderators of this site is to blame because they played a part in sucking up them, by deleting post that IV is not pleased of and giving aways members IP, thus in the process leaving this site to die a slow death.
I know IV hardcore members will attack this post and ask mod to delete this thread etc. They will be even more stupid to do so. (Its beter IV spend their time organizing a huge rally in Washington next year than telling their poor members to call senators and congress reps.)
--------------------------------------------------------------------------------
more...
gc28262
01-28 04:39 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
cgs
01-29 07:26 PM
I know a lot of people using pre approved labor certs waiting for GC. What happens to them? I think this rule will affect only those who are trying to do Labor substitution in future.
* Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
* Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
more...
gc_on_demand
06-15 10:55 AM
^^^^^
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mhathi
11-06 03:54 PM
In reality, many companies who have subsidiaries abroad can use L1 visa program. But H1B offers flexibility that is much desired by many companies. (It is very less abused compared to H1B). No numerical cap on L1B may not go well with many of us. But I am very +ve that the visas are not issued in anticipatory mode like H1B. And why do companies spend 5K if they do not want to get the worker here? Do they like waste money just like that?
Logically this highlights the real problem in the system - numerical caps. If the caps are not there and companies can get a visa-on demand, they will not spend 5K per visa on anticipatory mode. Because there is no need to do that.
So no system is perfect. We have to minimize abuse and act responsibly when it comes to sensitive issues like immigration...
I see only one problem in this logic! Many cases I know of, at least from the 2007 H1B fiasco, paid for the H1Bs through consulting companies FROM THEIR POCKETS. So to answer your question as to why companies would spend $5000 in anticipation, is that they don't. They take it from the applicant. (again I am not saying all do, but there are abusive companies that do).
No cap on visa numbers will never fly... No political environment will be conducive to bringing in unlimited foreign workers without any restrictions. L1 has no caps because it is very difficult to qualify for an L1 visa, as far as I know. If caps in H1 are removed, you can bet there will be severe restrictions imposed on other aspects of the program.
Logically this highlights the real problem in the system - numerical caps. If the caps are not there and companies can get a visa-on demand, they will not spend 5K per visa on anticipatory mode. Because there is no need to do that.
So no system is perfect. We have to minimize abuse and act responsibly when it comes to sensitive issues like immigration...
I see only one problem in this logic! Many cases I know of, at least from the 2007 H1B fiasco, paid for the H1Bs through consulting companies FROM THEIR POCKETS. So to answer your question as to why companies would spend $5000 in anticipation, is that they don't. They take it from the applicant. (again I am not saying all do, but there are abusive companies that do).
No cap on visa numbers will never fly... No political environment will be conducive to bringing in unlimited foreign workers without any restrictions. L1 has no caps because it is very difficult to qualify for an L1 visa, as far as I know. If caps in H1 are removed, you can bet there will be severe restrictions imposed on other aspects of the program.
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SK2007
11-02 02:45 PM
I think you got a very good point here.
If India is really good economically, people from all over the world would be going there and find job.
There are people from even poorer countries coming to India for education and employment and so.
I agree that property is getting expensive by second in India, Some times it makes me think, most of us who wants to go back might not go back for wrong economical resons, Don't you think this is what happened to many people who migrated to African countries before Indian Independence. Most of them never visited India in their life time(I attribute most of them to economic reasons). I am not if this is a paradox or anticlimax.
If India is really good economically, people from all over the world would be going there and find job.
There are people from even poorer countries coming to India for education and employment and so.
I agree that property is getting expensive by second in India, Some times it makes me think, most of us who wants to go back might not go back for wrong economical resons, Don't you think this is what happened to many people who migrated to African countries before Indian Independence. Most of them never visited India in their life time(I attribute most of them to economic reasons). I am not if this is a paradox or anticlimax.
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srini1976
11-13 10:39 PM
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
more...
santb1975
06-17 03:17 PM
We really need to call
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acecupid
06-13 07:37 PM
Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!
Jesus Christ! Does anything happen without a twist?! :)
Lol... looks like then you have to marry an american gori/gora or ABCD. :D Hopefully you will find a partner in india and get married before 485 gets approved
Jesus Christ! Does anything happen without a twist?! :)
Lol... looks like then you have to marry an american gori/gora or ABCD. :D Hopefully you will find a partner in india and get married before 485 gets approved
more...
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LoungeActx
06-01 09:12 AM
I like the black with circles......niiiiiice.... :hugegrin:
I just saw this thread...and I'm at work...so I'm gonna download the image and participate this afternoon.
I just saw this thread...and I'm at work...so I'm gonna download the image and participate this afternoon.
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GCforme
09-13 11:25 PM
This is what I found in the TOI -Pune..
[URL="http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JUFUvMjAwNi8wOS8xNCNBcjAxNDAw&Mode=HTML&Locale=english-skin-custom"]
Well not sure if its a known fact, but this is what the future is going to be if they dont take any serious measures to attract qualified medical professional to the US
[URL="http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JUFUvMjAwNi8wOS8xNCNBcjAxNDAw&Mode=HTML&Locale=english-skin-custom"]
Well not sure if its a known fact, but this is what the future is going to be if they dont take any serious measures to attract qualified medical professional to the US
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hopefull
05-24 03:30 PM
What we are seeing and hearing in congress is the overwhelming ignorance and lack of understanding of the contributions made by H1B and GC aspirants to the US economy. There is the wise saying that "Everything happens for a good reason". We have been trying so hard for last 2-3 years to make these politicians realize and to make corporate America realize that they need to do something about our problems because of our value proposition. Apparently all these calls have only backfired and caused the anti-immigrationists to lobby even harder and pull the strings of politicians to make them do as they please. Whether we like it or not, unless the raw brunt of a mass exodus of educated work force is not felt by this country, there is no way for them to understand how wrong they are. EB category has never had loyal support. All of the corporate america support has rested on the need for H1B. We have been abused by this system and forced to feel that we have abused this system. I think we have been told in a million ways by now that we need to find a Plan B. I feel bad yet no remorse for the thousands of H1Bs who do nothing to support the cause of organizations like IV. As someone once said, most of them are very laid back and will not worry about the problems untill someone tells them to buy their return tickets back home. We are very happy with eating samosa and tea and do not have the perspective to realize what threats lie on the horizon. I say this based on actual conversations with some of these people who literally scoff at me and think I am off my rocker when I discuss the repurcussions of no reforms. Like the prehistoric animals who did nothing to adapt in the full view of changing environmental conditions, these laid back folks will realize only too late.
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go_gc_way
09-13 09:22 PM
We need more members to join IV. In order to help us, pls--
- post IV poster in your local grocery stores, temples and restaaurants. (the poster is in resources section)
- try to get friends from other nationalities to join IV.
- If you are a graduate of A US university pls contact your alumni association and inform all their members.
- Send an email to all your friends. (template in resources section) informing about IV
I will be doing these soon.
Pappu, your inbox is full and cant take any more messages .. I have a suggestion, there may be members willing to spend time to help at the same time they may not able to spend hours / Daily but hours / Weekly. They probably can be assigned meaningful tasks to help you.
- post IV poster in your local grocery stores, temples and restaaurants. (the poster is in resources section)
- try to get friends from other nationalities to join IV.
- If you are a graduate of A US university pls contact your alumni association and inform all their members.
- Send an email to all your friends. (template in resources section) informing about IV
I will be doing these soon.
Pappu, your inbox is full and cant take any more messages .. I have a suggestion, there may be members willing to spend time to help at the same time they may not able to spend hours / Daily but hours / Weekly. They probably can be assigned meaningful tasks to help you.
more...
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americandesi
09-06 07:37 PM
On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues
Description for denial ( I have also attached the denial notice)->
They looked at years 2003 to 2006 history for I140 since PD is JAN 03.
* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.
* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);
* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information
Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.
Does anyone know any way out of this.
I am sorry to know that your I-140 application got denied after such a long wait.
Your application was denied not with a combination of
Reason 1 , 2 & 3, but each reason by itself was insufficient to prove ability to pay. Your employer should meet atleast one of these to prove "Ability to Pay".
It's deplorable that most attorney's don't educate small employers on meeting ability to pay even before filing the Labor Certification.
I would suggest that you appeal the case with supporting statements from a good CPA and in the meantime go for a fresh labor certification.
Description for denial ( I have also attached the denial notice)->
They looked at years 2003 to 2006 history for I140 since PD is JAN 03.
* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.
* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);
* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information
Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.
Does anyone know any way out of this.
I am sorry to know that your I-140 application got denied after such a long wait.
Your application was denied not with a combination of
Reason 1 , 2 & 3, but each reason by itself was insufficient to prove ability to pay. Your employer should meet atleast one of these to prove "Ability to Pay".
It's deplorable that most attorney's don't educate small employers on meeting ability to pay even before filing the Labor Certification.
I would suggest that you appeal the case with supporting statements from a good CPA and in the meantime go for a fresh labor certification.
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manojp4
06-15 02:49 AM
You cannot do CP for your spouse unless your I-485 is approved (an immigrant visa number is available for you). That is why the adjustment of status within the US is so much more preferable for most people - it lets you and the spouse get the EAD and start working without waiting for the approval of your GC.
My suggestion for you is to get all the paperwork ready for you and your spouse right now. (Except the medical exam for your spouse which has to be done in the US). The medical exam can be completed in 2 days.
Also, there is a chance that the dates will still remain current for the Aug visa bulletin, since the bulletin will get published by the middle of July, and the USCIS will not have an accurate idea of how many applications they will be getting in July. It looks like the retrogression will hit in either Sep or Oct but with USCIS we never know.
My suggestion for you is to get all the paperwork ready for you and your spouse right now. (Except the medical exam for your spouse which has to be done in the US). The medical exam can be completed in 2 days.
Also, there is a chance that the dates will still remain current for the Aug visa bulletin, since the bulletin will get published by the middle of July, and the USCIS will not have an accurate idea of how many applications they will be getting in July. It looks like the retrogression will hit in either Sep or Oct but with USCIS we never know.
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snathan
03-29 04:24 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
I suggest to focus on getting a job and you can nail him any time later.
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
I suggest to focus on getting a job and you can nail him any time later.
jimytomy
04-23 06:24 AM
Did you get finger printing notice? You did not mention that in the porting process.
No, I did not get get finger printing notice .
Thanks,
Jimytomy
No, I did not get get finger printing notice .
Thanks,
Jimytomy
santa123
07-29 09:10 PM
Hello IVians,
As we all await our GCs, I thot we can explore some investment vehicles.
Does anyone here have experience with commodity trading?
Can we trade in commodities on H1 or L1 status?
Is it too risky like forex trading?
Who are the online brokers offer commodity trading?
Is there a minimum account balance / trade required every month or so?
Pls share your experience. Thanks!
As we all await our GCs, I thot we can explore some investment vehicles.
Does anyone here have experience with commodity trading?
Can we trade in commodities on H1 or L1 status?
Is it too risky like forex trading?
Who are the online brokers offer commodity trading?
Is there a minimum account balance / trade required every month or so?
Pls share your experience. Thanks!
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