desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
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/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
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/Jul062009_06D2101.pdf
_________________
Not a legal advice.
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immigc06
11-04 01:47 PM
What do you think is the percentage of EB3 -I, who entered their info in this poll?
natrajs
03-13 01:31 PM
Folks,
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
Very Nice, Keep it up
This my copyright and very much pertain to our situation:
*********************
I left my world in search of prosperity
The prosperity is taking an eternity
My struggle is long and daunting
Making it more and more frustrating
Life at times seems uncontrollable
Flowing with the time unstoppable
Graying hairs testify for the feeling
Fat belly making me further unappealing
Sometimes I think of going back
Try to gather the courage that I lack
But the world I left is not the same any more.
And the world I am in, has lost its lure.
I am on the crossroad of my life
One is forward, one is left and other is right.
I don�t like the choices shown
May be I would have to create a world of my own
***************
Thanks
Very Nice, Keep it up
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logiclife
03-20 01:55 PM
You have to be aggressive and presistent to get a new job where you get better pay that is above the prevailing wage.
Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.
You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can
1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.
Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?
Secondly, if you are being paid lower than prevailing wage right now in H1B, your company is breaking the law and you could be in trouble too.
You need to get out before this thing turns into a nightmare and put your resumes out there on monster, dice etc...and GET THE HELL OUT. The job market is good right now and this is the best time to look for jobs that you can
1. Stay there for 5-6 years while you GC is processed.
2. Has decent pay, well above the prevailing wages.
Do IT NOW before the housing led recession slows the economy down again and job switch becomes difficult. What are you waiting for?
more...
brick2006
06-03 05:41 PM
how come the so few are calling?
everyone has a EAD>...so no one cares for GC anymore..is that the case??
everyone has a EAD>...so no one cares for GC anymore..is that the case??
shx
10-02 11:44 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!
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!
more...
Macaca
03-09 10:03 AM
I think Senior Member's should come up with some kind of a solution to this situation.
A member becomes a Senior Member with his/her 100th post. My dog can post 100 messages and become a Senior Member. Here (http://immigrationvoice.org/forum/showthread.php?t=3396&page=14) is a sample of posts that count towards Senior Membership. I will not be surprised if a large number of Senior Members have made no contributions.
On the other hand, there are members with very few posts, who have made significant contributions to our cause and act very very rationally.
In short, Senior Member means nearly nothing. Just ignore. Check their posts.
A member becomes a Senior Member with his/her 100th post. My dog can post 100 messages and become a Senior Member. Here (http://immigrationvoice.org/forum/showthread.php?t=3396&page=14) is a sample of posts that count towards Senior Membership. I will not be surprised if a large number of Senior Members have made no contributions.
On the other hand, there are members with very few posts, who have made significant contributions to our cause and act very very rationally.
In short, Senior Member means nearly nothing. Just ignore. Check their posts.
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aadimanav
10-16 04:23 PM
bump :p
How do I find out that I am "suffering" from namecheck? :confused:
PD: EB3 --> April 2004 --> India
I-140 Approved.
I-485 Received on July 2, 2007
Fingerprinting --> DONE
EAD --> RECEIVED
How do I find out that I am "suffering" from namecheck? :confused:
PD: EB3 --> April 2004 --> India
I-140 Approved.
I-485 Received on July 2, 2007
Fingerprinting --> DONE
EAD --> RECEIVED
more...
singhsa3
07-14 07:57 PM
Why do we need this thing?
Let him say what he want to . This pettion against him will not accomplish anything. He is not a government official. Albeit, if you want you can sue him.
So guys focus please.
Please channel your energy, we need it now more than ever now. Noises like Lou or O'reilly will always be there. They are good source of revenue for these news channels so most likely ur pettion will fall on deaf ears. Moreover, these guys can use these things against us and we cannot afford to open several fronts at this time. SO Ignore them.
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
Let him say what he want to . This pettion against him will not accomplish anything. He is not a government official. Albeit, if you want you can sue him.
So guys focus please.
Please channel your energy, we need it now more than ever now. Noises like Lou or O'reilly will always be there. They are good source of revenue for these news channels so most likely ur pettion will fall on deaf ears. Moreover, these guys can use these things against us and we cannot afford to open several fronts at this time. SO Ignore them.
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
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ronhira
07-24 11:23 AM
very good... so accordingly to you these guys should be nice to everyone and not ever tell anyone to go away, must "behave" with self righteous people like you and i. even when someone continues to show the thumb and demand answers, someone else should always be on their best behavior, otherwise u will be turned off and not show "empathy" to these guys? is that what u just said? give me a break, we need to show "empathy" ourself before we can show "empathy" to someone else. how many u years r u waiting for green card? i had a chance to go on a conference call of anti-immigrants 2-3 days back, and posted here what i heard. while u and i continue to debate and set our reasons and bar before someone else will deserve your 'empathy', get ready to get your sorry ass kicked by anti-immigrants, i am sure those anti-immigrants will not show any "empathy" to anyone here.
so while we all want to "enjoy" the freedom to discuss "free" and freely, don't forget that every freedom comes at a cost, which it doesn't look like you are willing to pay for, right?
and what will we do "discussing" freely on this or any other forum, who cares what u say anonymously on a webforum. the way i see is, we want to continue to discuss, but "free" and "freely" before u and i some show some "empathy" , while someone else is working overtime to ship our sorry ass out of there, does that make any sense?
we all want to live in an advanced society but we don't want to think and be like one, lets just ask for "free" and "freely" discussion, because all that we want is "discussion".... and go to sleep
and then u say if something happens, it will for sure be because of some other organization..... u r truly a genius....
so while we all want to "enjoy" the freedom to discuss "free" and freely, don't forget that every freedom comes at a cost, which it doesn't look like you are willing to pay for, right?
and what will we do "discussing" freely on this or any other forum, who cares what u say anonymously on a webforum. the way i see is, we want to continue to discuss, but "free" and "freely" before u and i some show some "empathy" , while someone else is working overtime to ship our sorry ass out of there, does that make any sense?
we all want to live in an advanced society but we don't want to think and be like one, lets just ask for "free" and "freely" discussion, because all that we want is "discussion".... and go to sleep
and then u say if something happens, it will for sure be because of some other organization..... u r truly a genius....
more...
dleekha
11-03 08:34 PM
i got rfe for 140 asking for proof for ability to pay.one they have asked for is a tax return which i have got from the empliyer.the other is an audited financial statement for 2007..i understand that u need a cpa for it.anyone knows if just plain financial docs will do or do they have ot be audited.has anyone got it done?any idea about the costs?
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kshitijnt
06-11 02:50 PM
This can financially drain you out. My insurance agent told me that they cant get the money straight out of your bank account , because how will they find out your bank account number and the bank? How do they know how many bank accounts you have? What if you send money to India before the judgement is entered against you? If you have a house, they can go after your house or car. What about their own insurance policy? Maybe their insurance can also pay as uninsured motorist pay? Retirement income is usually protected in some states and hence I dont think your 401K is at risk. Once your insurance company pays out the maximum, you can basically say hands up, I have given up.
more...
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sbabunle
08-19 03:20 PM
Congratulations on your Citizenship desi3933!!
Whom you gonna vote? Obama or McCain? I think thats the
only difference between GC and Citizenship. Ofocurse if you do
somethingbad you will goto jail and no deportation :D
So you gonna start some company? I could give you some tips :D
Good luck.
Whom you gonna vote? Obama or McCain? I think thats the
only difference between GC and Citizenship. Ofocurse if you do
somethingbad you will goto jail and no deportation :D
So you gonna start some company? I could give you some tips :D
Good luck.
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easygoer
05-26 06:17 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Thanks realizeit to present simple format.
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Thanks realizeit to present simple format.
more...
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JazzByTheBay
12-12 10:27 PM
Nice...! :)
here is above age of 21. They know what's good for them and what is bad.
We can give guests only read access after verifying their immigrativeness (sorry for the innovation of word).........
here is above age of 21. They know what's good for them and what is bad.
We can give guests only read access after verifying their immigrativeness (sorry for the innovation of word).........
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amsgc
06-13 06:46 PM
...
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anandrajesh
02-01 12:26 PM
Please donot let this thread a self-flogging ritual...
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
We the H1Bs are the victims of the this system. We did not create this system. It is true that there are social costs associated with this system. Abolishing the system is not the solution. Reform and making the system just is the solution..That is all we are asking for....
Blaming the victim of an atrocity for the atrocity is sheer stupidity....
Remember for Every Google, there is a ENRON. So based on ENRON experience you dont generalize all American Corps are dishonest.
Same logic applies here i work for a Small "Desi" Company and they are very honest and pay me reasonably well. They dont break laws or find ways to circumvent it. So i dont like to hear all H1Bs Companies are Cheats.
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whoever
02-06 02:05 PM
which country you belong to?
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pmb76
07-14 05:06 PM
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
http://www.petitionspot.com/petitions/loudobbs
eb3India
11-16 12:57 PM
I would like IV and this members here to try and verify this report
http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm
This appears to be complete propoganda by anit-immigrants, I would like to know if there are any legal way to challenge these guys not spread false information.
can we sue this guys, I myself has paid Social security for 9 years since I came to US
http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm
This appears to be complete propoganda by anit-immigrants, I would like to know if there are any legal way to challenge these guys not spread false information.
can we sue this guys, I myself has paid Social security for 9 years since I came to US
gimme_GC2006
08-25 10:40 PM
I have had v.bad experience with them ..don't open a account there ..they will harass you like anything to send this documents and that ..for me they did the same and kept my money for 9 months without paying any interest. I will post the email that I had recd from them . they even misplaced the draft which had my principal
I took visitors health insurance from ICICI Lombard.
There was some typo in the date of birth ( my mistake actually)..so I wanted to correct it..The callcenter ppl told me that once policy is issued you cannot make any changes to it..they advised me to cancel the policy online and buy another one..they will return the money for cancelled one.
So I cancelled the policy and took another one.
They sent the cheque to my parents house after couple of weeks for the cancelled policy and they deposited it to ICICI Bank account.
Now the fun starts..the money never came into my account.
For the next 8 months, I was BBQ'd, did a sheek-kebab of myself without any use.
Finally, I got every email ID that ends with @icicibank.com and whereever there is @icicixxx.com and sent out an email blasting everyone..then also sent an email to icici bank manager from my online service manager.
Finally I got a response saying they deposited the amount already 8 months ago..I was so pissed off..I took a screen shot (.bmp) of my account for that period asking them why cant I see the transaction here..
then after a week, they emailed me saying, the amount was deposited to wrong account..means someone elses account..LOL..
:D:D:D:D
I havent seen such a Luchcha bank..:p
I took visitors health insurance from ICICI Lombard.
There was some typo in the date of birth ( my mistake actually)..so I wanted to correct it..The callcenter ppl told me that once policy is issued you cannot make any changes to it..they advised me to cancel the policy online and buy another one..they will return the money for cancelled one.
So I cancelled the policy and took another one.
They sent the cheque to my parents house after couple of weeks for the cancelled policy and they deposited it to ICICI Bank account.
Now the fun starts..the money never came into my account.
For the next 8 months, I was BBQ'd, did a sheek-kebab of myself without any use.
Finally, I got every email ID that ends with @icicibank.com and whereever there is @icicixxx.com and sent out an email blasting everyone..then also sent an email to icici bank manager from my online service manager.
Finally I got a response saying they deposited the amount already 8 months ago..I was so pissed off..I took a screen shot (.bmp) of my account for that period asking them why cant I see the transaction here..
then after a week, they emailed me saying, the amount was deposited to wrong account..means someone elses account..LOL..
:D:D:D:D
I havent seen such a Luchcha bank..:p