gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
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indianindian2006
11-12 04:28 PM
please provide link to this wonderful news.
jthomas
11-02 02:44 PM
With H1B quota getting over in a day. Do u think its going to make a difference. We can just send roses and request for country quota when selecting H1B so H1B guys are not tortured.
2011 Key Tattoo
SFSweta
08-18 02:38 PM
Hi everyone,
I just called everyone on the list.
The one thing I felt once my part was done was my sense of accomplishment - I helped - in the smallest way possible. Trust me - while I consider myself blessed when I read some of our members' story - I still feel like my battle to reaching this point is very poignant.
Call - feel good on a Monday (which usually is SUCH the worst day ever of the week for me:).
Thanks for your help with this and all the best with your greencard application...
___________________
PD: July 2006
RD: July 2nd 2007
ND: August 10 2007
I140 Approved March 2007
I485 - LUD Aug 31 2007
I just called everyone on the list.
The one thing I felt once my part was done was my sense of accomplishment - I helped - in the smallest way possible. Trust me - while I consider myself blessed when I read some of our members' story - I still feel like my battle to reaching this point is very poignant.
Call - feel good on a Monday (which usually is SUCH the worst day ever of the week for me:).
Thanks for your help with this and all the best with your greencard application...
___________________
PD: July 2006
RD: July 2nd 2007
ND: August 10 2007
I140 Approved March 2007
I485 - LUD Aug 31 2007
more...
ek_bechara
06-06 04:10 PM
Last night I called 10 friends and asked them to call. Few are on H4 and were totally up for it. Spread the message folks and call. This is our one chance to make things happen before November. We are almost there.
I just contributed 100 USD. Contribute and call.
WE CAN DO IT.
I just contributed 100 USD. Contribute and call.
WE CAN DO IT.
bkarnik
09-17 11:29 AM
Seems like they are discussing about Attorney General Michael B. Mukasey
Nope...they are talking about impeaching a US District Judge. This should be very fast.
Nope...they are talking about impeaching a US District Judge. This should be very fast.
more...
Dipika
10-27 02:41 PM
For all of you who have got standard responses from USCIS, please do something about it. Call the local senator, file DHS-7001 with CIS Ombudsman, send a letter to USCIS secretary Napolatino, call TSC using POJ method, etc, etc.
If you are current, they need to look at your file. Case under review means nothing at all....my case was under review since July 20, 2009. Finally, i found out that my file was sitting in the storage and collecting dust.
As other previous posters have mentioned, you should try calling TSC/NSC on Thursday/Friday evening. I found out that the IOs were in a better mood, as compared to my calls on other days (specially in the morning/afternoon).
If you need details on the IO I talked to, I can provide it to you offline. I am still trying to reach that IO (need to say a big thank you) but have been unable to talk to him/her so far.
you are right. i sent letter to senator before 2 month, no response yet. i have sent letter to congress man before 2 weeks and sent letter to USCIS secretary Napolatino. let's see what happen.
If you are current, they need to look at your file. Case under review means nothing at all....my case was under review since July 20, 2009. Finally, i found out that my file was sitting in the storage and collecting dust.
As other previous posters have mentioned, you should try calling TSC/NSC on Thursday/Friday evening. I found out that the IOs were in a better mood, as compared to my calls on other days (specially in the morning/afternoon).
If you need details on the IO I talked to, I can provide it to you offline. I am still trying to reach that IO (need to say a big thank you) but have been unable to talk to him/her so far.
you are right. i sent letter to senator before 2 month, no response yet. i have sent letter to congress man before 2 weeks and sent letter to USCIS secretary Napolatino. let's see what happen.
2010 Silver+fern
h1techSlave
03-10 11:00 PM
This is more close to reality. There could not be many left in 2001. I would put 2001 pending cases to be close to 2000. In 2002 and 2003 nobody cared about EB2 or EB3. What ever the lawyer said, people agreed. So the numbers for 2002 and 2003 could be even higher than 20000 each. One solace is that many people may have migrated to EB2 using a second labor.
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
As I thought about this further, I figured out the data is even worse than I thought earlier, as this may not have any 2007 numbers. People who filed their labors in 2007 were still waiting in july of 2007. So this data is only upto late 2006. Now the figures could be
EB-3
5000 2001
20000 2002
20000 2003
20000 2004
5000 2005
5000 2006
EB-2
10000 2004
20000 2005
20000 2006
more...
Leo07
12-03 10:14 AM
Paid membership irrespective of the amount of payment will drive away the people. With all dues respect to IV, there are defintely other places where you can get good(if not better) information for free.
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
Strength of online communities is always the members...the higher the members the better.
Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.
My thoughts...anyways..
hair Fern getting her Tattoo
viva
02-06 08:03 PM
I totally agree with you viva...
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
Is this a solution to retrogression?
Oh my god...
USCIS please let our spouses work and take as much time as you want to give us the green card we are not in a hurry!!!!
How can anyone come up with these un realistic solutions man.
True true true This persons intension is not a GC but make money...
Please let us not go further into this, let us prepare ourselfs to fight for the I-485 provision that IV is working on..
We shall overcome
At least, he/she is trying to come up with a solution. Just not the kind that would help!!!!
more...
misanthrope
10-02 11:47 PM
I wont get into EB2/EB3 fights, but tell you what my opinion about this is.
The law definitely supports interfiling and priority date porting. However, this is like reserving seats on a bus by throwing your handkerchief in good old India. It is unfair to let people jump ahead in the queue, even though they acquired the eligibility to file in EB2, at a far later date.
There might be some genuine cases where people could not file in EB2, even though they were eligible. I only support these cases.
I've a pending EB2 485. However, let me be honest. If I had EB3 to start with, I too would've interfiled in EB2 and would've ported my priority date. Who wouldn't do it if the law allowed them to!
+1 to that.
The law definitely supports interfiling and priority date porting. However, this is like reserving seats on a bus by throwing your handkerchief in good old India. It is unfair to let people jump ahead in the queue, even though they acquired the eligibility to file in EB2, at a far later date.
There might be some genuine cases where people could not file in EB2, even though they were eligible. I only support these cases.
I've a pending EB2 485. However, let me be honest. If I had EB3 to start with, I too would've interfiled in EB2 and would've ported my priority date. Who wouldn't do it if the law allowed them to!
+1 to that.
hot Graveyard Tattoo
noone2day78
07-16 06:31 AM
Signed earlier :)
Spouse signed. Does not allow me to sign as it recognizes IP address!!
Contribution so far:
$200
Spouse signed. Does not allow me to sign as it recognizes IP address!!
Contribution so far:
$200
more...
house silver fern flag,
willgetgc2005
11-13 03:58 PM
CIR will be as controversial as ever. SKIL, if any is our best bet.
CIR seems to be a perpetual wait. Both parties will not close it.
They need big issues to bicker and promise the electorate
for the next election.
IRAQ and CIR will be those big tickets they will use as levers.
Sorry to sound negative, but it is just the way I see it.SKIL is our only option, IF AT ALL. CIR is just an illusion and who knows if our provisions will be in CIR even if it becomes a reality ??!!!
_________________________________________________
CIR seems to be a perpetual wait. Both parties will not close it.
They need big issues to bicker and promise the electorate
for the next election.
IRAQ and CIR will be those big tickets they will use as levers.
Sorry to sound negative, but it is just the way I see it.SKIL is our only option, IF AT ALL. CIR is just an illusion and who knows if our provisions will be in CIR even if it becomes a reality ??!!!
_________________________________________________
tattoo Silver Fern :: Logo Open Stock
pansworld
07-13 02:59 PM
And have fun!!!! :)
more...
pictures Silverfern Tattoo Tattoo
cnag
04-14 07:47 PM
I just sent in my third $50 thru paypal. I wish I could contribute more. I am likely to come to bench soon and not in a position to do so. I feel bad...sorry guys.
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virald
01-31 08:10 PM
this particular question has not been selected. If you go to politico.com and select the live, it bring up a pop-up which has questions to choose from, this question has not shown up there.
BTW i voted five times (different machines)
BTW i voted five times (different machines)
more...
makeup new unfurling silver fern
santb1975
05-23 05:27 PM
When I called Lucille Raybal Allard's office last week, a rep from the office had an extensive conversation with me about both the bills and they have not heard about them before. He recognized me when I called him back to check if they made a decision.
Alright Folks, Let us not get distracted. We have lots of work to do.
Money is important and has its place in the process. Grass roots effort is also important. What would you tell if some one asks which eye is more important to you? left or right? If this Q was a stretch, ignore it. I just used it to tell that $$ and grass roots efforts are important
Money does not get every thing done. Corp America is doing everything they can to get H1B numbers increased. Do you think they are being stingy with the money they need to spend? They have stronger opposing grass roots groups like Numbers USA, FAIR etc. Our issue is a lot less volatile compared to the H1B increase issue. How ever our issue is unknown to many lawmakers until recently. I am positive that some members came to know about the bills when we called them or have been approached by our state chapters.
Alright Folks, Let us not get distracted. We have lots of work to do.
Money is important and has its place in the process. Grass roots effort is also important. What would you tell if some one asks which eye is more important to you? left or right? If this Q was a stretch, ignore it. I just used it to tell that $$ and grass roots efforts are important
Money does not get every thing done. Corp America is doing everything they can to get H1B numbers increased. Do you think they are being stingy with the money they need to spend? They have stronger opposing grass roots groups like Numbers USA, FAIR etc. Our issue is a lot less volatile compared to the H1B increase issue. How ever our issue is unknown to many lawmakers until recently. I am positive that some members came to know about the bills when we called them or have been approached by our state chapters.
girlfriend New Zealand Silver Fern Flag.
mirage
08-12 07:00 PM
No, Haven't got any response yet. But if we are able to send atleast a 100 letter with same concern, I'm sure atleast Rep. Zoe Logfren will raise the issue with USCIS...
mirage,
Good initiative, I will send a mail too. Did you get any kind of response back?
Good luck!
mirage,
Good initiative, I will send a mail too. Did you get any kind of response back?
Good luck!
hairstyles Silver+fern+farms
jfredr
07-15 09:55 AM
signed
anzerraja
07-20 09:33 AM
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
it need not just a few very good core team members,
what is needed is a weight of slightly good, active and contributing, masses.
It is bad to rely on a few doing a lot, more need to do just a little more.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
it need not just a few very good core team members,
what is needed is a weight of slightly good, active and contributing, masses.
It is bad to rely on a few doing a lot, more need to do just a little more.
jetflyer
06-11 10:54 AM
Sorry to hear your accident case.
Folks here have already given best suited solutions.
These days law suits after car accidents are increasing, I have heard of so many in last 2 years or so, so it nots something alien to justice system, attorney, or insurance provider.
In most cases that I have heard the amount is between $500k-1M, the good thing is that in your case amount is humongous, that could the most appealing reason for denial itself (remember DC Laundry case for $54M).
For worst case scenario, start trasnfering money to India (western union - cash) in smaller chunk, so you will be left the minimal to run your daily life (one of my friend did so while dealing with IRS tax fraud by desi consulting company). Good that you don't have any asset, they can't ask for asset in India, if you have not used that asset for US-tax, might be better not to mention from yourside. So if you loose the case you can show you have no money to pay (even outside the court) and can legaly leave US and go to any other country Singapore/Australia etc or back home... endless possibilities.
Folks here have already given best suited solutions.
These days law suits after car accidents are increasing, I have heard of so many in last 2 years or so, so it nots something alien to justice system, attorney, or insurance provider.
In most cases that I have heard the amount is between $500k-1M, the good thing is that in your case amount is humongous, that could the most appealing reason for denial itself (remember DC Laundry case for $54M).
For worst case scenario, start trasnfering money to India (western union - cash) in smaller chunk, so you will be left the minimal to run your daily life (one of my friend did so while dealing with IRS tax fraud by desi consulting company). Good that you don't have any asset, they can't ask for asset in India, if you have not used that asset for US-tax, might be better not to mention from yourside. So if you loose the case you can show you have no money to pay (even outside the court) and can legaly leave US and go to any other country Singapore/Australia etc or back home... endless possibilities.
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