Sri_1975
01-30 04:45 PM
bump ..
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a_paul1
04-02 08:41 PM
1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
deletedUser459
06-14 05:18 PM
Go Van Halen!
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you forgot white!
U2 Blows!
http://www.versusmediagroup.com/kirupa/iPod.jpg
you forgot white!
2011 Tattoo Fever
chanduv23
07-02 02:56 PM
I am not sure what happened to them. I just saw the list.
Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.
Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.
I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years
Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.
Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.
I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years
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willwin
08-13 12:08 PM
At this rate, EB2 I will become current next June for sure and EB3 ROW/I will move. But again, this movement may be for just 3 months ...
lost_in_migration
04-11 10:47 AM
I've sent my $100 towards $150K...a drop in the ocean...a drop nonetheless. Thanks to the IV team :)
more...
svr_76
06-14 03:11 PM
Yes a new memo was issued in 2009 (After DHS confirmed that they have worked with FBI to reduce the response time.) Now since FBI claims that 90/95% of the requests are happening within 6 months. DHS/USCIS is not allowing automatic approval of GC is FBI check was the only peice pending and was pending for more than 180 days.
2010 How to save this free tattoo
h4hopeful
07-14 02:09 PM
They have all gathered, and probably some media is there, I bet that Logiclife - Franklin - Etc. are updating the core team about the events, if anybody is having any conversation with anyone at the rally please post the number of people, media, etc, thanks
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raj2007
06-15 01:00 AM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
hair Tattoo ID is a system that
rimzhim
02-07 12:10 PM
And not just because I am from EB-3 ROW.
But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??
because there is a very large number of ppl in EB3-ROW.
But, because everything that I have learnt seems to indicate that EB-3 ROW is getting a lot of visa numbers. So why the hell would it be stuck??
because there is a very large number of ppl in EB3-ROW.
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chicago60607
09-17 11:20 AM
Voting is completed in the house, soon everyone should be here
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another one
11-03 09:20 AM
I have tried to put my career goals ahead of the dollar conversion rate (not always easy). Because i took up new roles and salary , i have had to restart the GC process a couple of times. As a result i am still without GC despite being here for more than 10 years and having two masters degrees from US. I am sure this is a common story here.
I am heading towards a another change and now have very little patience for restarting the process. I am glad many people on this forum have voluntered to help pack. I will be getting in touch with you in a few months.
I am heading towards a another change and now have very little patience for restarting the process. I am glad many people on this forum have voluntered to help pack. I will be getting in touch with you in a few months.
more...
house More tattoos
grinch
06-03 12:40 PM
The skin is ok, just the lining is a little uneven, and in the middle I can see a little white around the touch pad. Try using the circular marquee tool.
tattoo and now, the best tattoo.
kpchal2
07-18 04:57 PM
how can i talk to those knowledgeble service reps from the service center. can you please suggest me how i can get to them, i have been trying to talk to them since morning and i could not get beyond the first service rep. any tips on how to get to them
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desi3933
08-22 02:08 PM
that would most certainly be the politically correct thing to say. Unfortunately, most people don't come with an OFF/ON switch.. Yesterday, I was a citizen of X - country , I support X whole heatedly, today, I am a citizen of Z - country, so I will support Z whole heatedly - more so because the whole naturalization process is not an OFF/ON switch either.
I can't talk about others.
For me, the moment I took oath of allegiance, it is changed for me. Moreover, I have been here 10+ years. This is the place that I call home.
Oath of Allegiance for Naturalized Citizens (http://immigration.about.com/od/uscitizenship/a/AllegianceOath.htm)
I can't talk about others.
For me, the moment I took oath of allegiance, it is changed for me. Moreover, I have been here 10+ years. This is the place that I call home.
Oath of Allegiance for Naturalized Citizens (http://immigration.about.com/od/uscitizenship/a/AllegianceOath.htm)
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rkotamurthy
02-13 03:25 PM
I absolutely agree with Logiclife and all posts supporting him/her. IV Core, you guys rock. There is no question about your integrity or selflessness. I understand the Time, Money, Effort and Sacrifices many of you have made to fight for this common cause. Please do not get discouraged by some mindless posts. Remember that for every single disgruntled voice on this forum, there are hundreds of supporters. Albeit, some silent and some active.
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makeup Body Modifications: I have
nshantha
07-19 09:48 AM
Mine also received by R. WILLIAMS on July 2nd at 7:55 AM.
girlfriend Tattoo Tatoo Design Man
jthomas
03-13 12:41 PM
you had waited for such a long time. I would suggest to take a big break and visit india and come back. In fact you can do the same in EAD. Think forward don't get your emotions in the way.
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
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kittu1991
12-23 11:34 AM
Hi Guys. I am trying to take an appointment in Jan. The earliest I can get is 11th in Kollkata. I have booking to travel to US on 26th. After listening to the delays here, I am confused where to go for stamping or return with AP.:confused::confused:
Please advise; guys who have been through stamping recently. Appreciate your feedback.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
Please advise; guys who have been through stamping recently. Appreciate your feedback.
About couple of weeks ago my employer had arranged a, life after AOS with our attorney and in their presentation they clearly mentioned that if you have AP don't go for visa stamping waste cople of days of your life.
Correct me if my attorney is wrong and if there is any advantage in getting the visa stamped.
Lasantha
09-25 03:44 PM
The first one on the list. I assumed MRN stood for Moron. (The most of the other encouraging ones were not there when I made that post). Maybe abusive was too strong a word to describe that remark.
But I appreciate your response and restoring my faith in IV !!!
Thank you Lasantha for bringing up the issue of abusive remarks. We take this matter very seriously and we do our best to disclose the information of the member who leaves abusive remark. Since you posted about abusive remark, we looked at the remarks posted for you. Here are the remarks left for you in last 1 month. We are not sure which of these remarks are abusive. Kindly excuse us as I personally do not know the meaning of abbreviations MRN or pos. But your help in pointing to the abusive remark will be very helpful.
Lasantha 10:31, 25th Sep 2008 -152 Simple. Though I had PD 3 years earlier than you I am still waiting for my GC and I am pretty sure it will take more than 2 yrs. Just becuase ur ROW u dont deserve an early GC. Grow up MRN.
Lasantha 11:25, 25th Sep 2008 50
Lasantha 14:58, 25th Sep 2008 -46 you are row pos
Lasantha 15:04, 25th Sep 2008 188 ignore the reds
Lasantha 15:06, 25th Sep 2008 37
Lasantha 15:06, 25th Sep 2008 223 I strongly agree with your views, I appreciate your posts, you always post sensible messages. Here is my green to undo the red
Lasantha 16:11, 25th Sep 2008 0 As you do not care take one more.
But I appreciate your response and restoring my faith in IV !!!
Thank you Lasantha for bringing up the issue of abusive remarks. We take this matter very seriously and we do our best to disclose the information of the member who leaves abusive remark. Since you posted about abusive remark, we looked at the remarks posted for you. Here are the remarks left for you in last 1 month. We are not sure which of these remarks are abusive. Kindly excuse us as I personally do not know the meaning of abbreviations MRN or pos. But your help in pointing to the abusive remark will be very helpful.
Lasantha 10:31, 25th Sep 2008 -152 Simple. Though I had PD 3 years earlier than you I am still waiting for my GC and I am pretty sure it will take more than 2 yrs. Just becuase ur ROW u dont deserve an early GC. Grow up MRN.
Lasantha 11:25, 25th Sep 2008 50
Lasantha 14:58, 25th Sep 2008 -46 you are row pos
Lasantha 15:04, 25th Sep 2008 188 ignore the reds
Lasantha 15:06, 25th Sep 2008 37
Lasantha 15:06, 25th Sep 2008 223 I strongly agree with your views, I appreciate your posts, you always post sensible messages. Here is my green to undo the red
Lasantha 16:11, 25th Sep 2008 0 As you do not care take one more.
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.
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