silveroaks
02-13 04:55 PM
I have donated 50$ by check today and will try to make it there.
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.
Thanks,
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.
Thanks,
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mhkumar
02-09 12:48 PM
Amount: $21.00 USD
Transaction Date: Feb. 9, 2009
Transaction ID: 3D0578784M4536128
Transaction Date: Feb. 9, 2009
Transaction ID: 3D0578784M4536128
sankap
07-10 12:35 PM
@desi3933:
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
That's the easiest part to prove in case of self-employment. You can either just mention that on the EVL, or register your company with the county, or open an LLC. In the latter cases, they ask the nature of your business, and you can copy-paste that from your labor petition.
2. New job is bonafide
Where did you read that requirement? Assuming, again?
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
A self-employed business is always real.
2. Business Plan, Funding to support employees
A business plan can be a 1-page document where you can cut-paste your labor job description. Costs and revenues should be easy to project. Also, in a self-employed business, there can be only one employee. You can also incorporate yourself.
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
Why do you need funding in a one-person company? Also, the revenues could be *projected*, and you could say that on your business plan and EVL...
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
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looivy
07-21 02:16 PM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
Looivy --------------- July 16 2010 (Jan Schakowsky) --------------- Automated email response
Looivy --------------- June 11 2010 (Burris) to oppose Sanders --------------- Automated email response
Looivy --------------- June 11 2010 (Durbin) to oppose Sanders --------------- He wants to reform H1 and L1 through his own Bill.
It would be better if we have a tracker database on IV website o/w this thread will grow madly.
more...
alias
08-18 02:35 PM
This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
I am joking 100%
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
I am joking 100%
dixie
12-15 02:29 AM
I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
more...
prachisahoo
05-09 10:28 PM
Hello Friends
We can not win this battle without attention from visual media like News Channel.
Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues
- recapture of lost visas over past years
- Per country visa limit
If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.
What's your opinion on this ?
We can not win this battle without attention from visual media like News Channel.
Traditionally we Indians are known to be camera shy silent listeners. But without the news and print media this issue will not catch enough attention from Washington to be debated. So, we have to come out of our shells and share emotional stories over news media. An inexpensive way of doing this without having to travel to any place would be to just switch on our webcam or camcorder and speak. We have to speak about the pains and put it into a story format. The content should highlight on the inefficiencies in the system , the discriminatory policies and loss to America because of the system. We definitely have to raise the following 2 issues
- recapture of lost visas over past years
- Per country visa limit
If we send thousands of these recordings as I-Reports to CNN over 2-3 days period, CNN will definitely do a story on our issue and that will catch public attention. We can decide to remain anonymous when sending the I-Reports too. We can probably do similar stuff with other news media. This will cost us nothing and will create enough news to drag attention.
What's your opinion on this ?
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desi3933
07-13 09:06 AM
....
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines
Here is DoL link. In the example, Mr. Smith owns LLC company, but still is considered Self-Employed.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL26-08.pdf
For immigration purposes, only USCIS/DoL interpretation counts.
.
Self-employment is possible only on 1099. If you're on W2, you're *not* self-employed. Pls see IRS guidelines
Here is DoL link. In the example, Mr. Smith owns LLC company, but still is considered Self-Employed.
http://wdr.doleta.gov/directives/attach/UIPL/UIPL26-08.pdf
For immigration purposes, only USCIS/DoL interpretation counts.
.
more...
delhirocks
07-09 06:36 PM
We made news at USCIS! Whatever he does with the flowers is not our concern. The fact is we made the news there. Hopefully the media will pay attention too.
Agree...The way I look at it, its 2 birds with one stone...we make our protest, which gets noticed...and it (hopefully) will put a much needed smile on American service men & women
Agree...The way I look at it, its 2 birds with one stone...we make our protest, which gets noticed...and it (hopefully) will put a much needed smile on American service men & women
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sina
08-01 01:45 PM
In the same boat and waiting.
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
_____________________
EB3 PD: May '06
I-140: Aug '06 (Filed with NSC and approved from TSC)
485 Filed - July 6th
LUD on I-140- 07/28/2007
more...
delhiguy
07-08 08:51 PM
If that is so, no one who is on H1-b can sue their employer for exploiting them. BTW, I personally know people who have successfully sued their employer (US company) for not paying the salary they agreed.
Under the special labor law
http://www.dol.gov/compliance/guide/h1b.htm
U can sue anybody you want dear..
I am not a lawyer and this is not a legal advice, and i may be wrong
Under the special labor law
http://www.dol.gov/compliance/guide/h1b.htm
U can sue anybody you want dear..
I am not a lawyer and this is not a legal advice, and i may be wrong
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dingudi
11-06 01:39 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
We may want to try a different strategy to inquire about our FP rather than calling that number floating around which is of no use to us. All I got from calling that number was WAIT , Local ASC must be busy.
I am not sure InfoPass appointment will help, but hope its worth trying.
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
Apahilaj,
Buddy, it looks like its only you and me remaining who has not received the FP notice. For me its been 30 days since opening SR and nothing. We are the unfortunate ones who have not only not received FP but our application are in TSC , where opening an SR is of no use.
We may want to try a different strategy to inquire about our FP rather than calling that number floating around which is of no use to us. All I got from calling that number was WAIT , Local ASC must be busy.
I am not sure InfoPass appointment will help, but hope its worth trying.
more...
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sunofeast_gc
11-08 04:49 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
If Florida State Workforce Agency classify your new position with diffrent category then you can tell your employer that you don't want this new position. I heard that after 180 days you can get promotion and change the role... Experts can comments further...
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Honda
09-10 12:33 AM
-with correction
We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]
There is nothing change in the next bulletin. What you saw from the last couple of bulletins "Unavailable". That should be happened with in few months. This is my opinion. I am not blaming any body. This is the real situation going on from the last couple of years bulletins.
We all morons and still wont learn, we will still start predicting for next visa bulletin hoping that a reincarnation of god will come and deliver us visa numbers.
Unless we all make a collective effort no one is going to listen to us. I know the fate of my post, we all will get busy to get our post noted or express our opinion which will definitely solve our problem or proving our point the that "i am right you are wrong" or get busy with "my ideas are better than yours" or "who wins the quote slamming contest".
We have simply lost our fous of our main problem . I think we deserve this perhaps I think if we continue like this we dont even deserve GCs.[/QUOTE]
There is nothing change in the next bulletin. What you saw from the last couple of bulletins "Unavailable". That should be happened with in few months. This is my opinion. I am not blaming any body. This is the real situation going on from the last couple of years bulletins.
more...
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desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
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tcsonly
12-11 06:45 PM
Mehul
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
The English medicine system is not able to find cures for a lot of chronic diseases for various reasons such as commercialization of health care, and pharmaceuticals.
A beginning to cure any chronic disease to take the toxic particles out of your body, and that can be done by drinking plenty of water.
http://www.livingnaturallife.com/ideal_schedule.asp
The above link has a lot of other recommendations and following them will certainly improve your condition within 2 to 3 months, and the doc's will surprise seeing that kind of change.
-C.
This was the most shocking thread I've read.
Please read this...
http://www.divyayoga.com/pranayamRevolution.htm
I recently personally heard of a person who was cured from a chronic cancer because of Pranayama.
I'm passing you the email of the instructor who I know in Bangalore through a private message to you
The English medicine system is not able to find cures for a lot of chronic diseases for various reasons such as commercialization of health care, and pharmaceuticals.
A beginning to cure any chronic disease to take the toxic particles out of your body, and that can be done by drinking plenty of water.
http://www.livingnaturallife.com/ideal_schedule.asp
The above link has a lot of other recommendations and following them will certainly improve your condition within 2 to 3 months, and the doc's will surprise seeing that kind of change.
-C.
more...
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waitnwatch
05-23 12:27 PM
sent emails to 10 +2
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mygc2006
11-19 07:35 AM
Emails sent for me and my wife!
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magicmonkey
08-22 02:22 PM
EB3/PD: NOV 2004
Send I485 11th Jul
I40 approved June2007
RD:
ND :
Send I485 11th Jul
I40 approved June2007
RD:
ND :
at0474
03-26 11:39 AM
2007 June visa bulletin moved EB3 India to June 2003. The very next month, they made everything current. Things went out of control after that. For some reason, in my dreamland, I am fantacizing the first move to repeat again. May not make everything current, but atleast, move EB3 to june 2003.
JImmigrant
08-31 02:23 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Get well soon
Get well soon
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