unitednations
08-25 03:15 AM
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.
In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.
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desi3933
07-10 10:50 AM
that link you have provided is for ability to pay and wage below dol standards case... i read the entire document and wasted 30 precious minutes of my time and a friends time reading that case... thank for nothing.
I don't recall asking you to read anything. This is a public forum. You decide what to read. You are free to ignore my posts. ;)
By the way, it seems that you missed a part on Page 5 of the document. See my previous post if you are interested in what you missed.
.
I don't recall asking you to read anything. This is a public forum. You decide what to read. You are free to ignore my posts. ;)
By the way, it seems that you missed a part on Page 5 of the document. See my previous post if you are interested in what you missed.
.
man-woman-and-gc
09-15 03:46 PM
Thanks to all who have pledged so far for fighting against injustice.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
To those who haven't yet, we are collecting pledges to file a lawsuit against USICS against these random and opaque processing of GC's. Our target is to get 1000 affected people to pledge atlaset $100 each so that we can fund this lawsuit. No money being collected right now..just honest pledges.
There is a current list of members who have pledged support on the link below.
http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#
If you would like to help in this effort, please send me a private message with the following info:
1) Ur IV handle
2) Ph#
3) Email ID
4) Amount you would like to pledge.
Please note, we will move forward only if we have atleast 1000 pledged members to make up a sound force behind this campaign. So unity is the key here. We will not collect money unless we have a solid proof that we are not alone in this fight.
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kshitijnt
05-01 08:03 PM
Lets file a lawsuit to get the info in a manner we need:
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
1) breakdown of processing dates in a manner that co relates to visa bulletin.
i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.
2) Visa usage by category reporting each month
(How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.
This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.
more...
IVFOREVER
03-26 05:15 PM
EB3 MAY 08 vb --- Jan02 or Dec 01.
waitnwatch
08-18 02:53 PM
Two things..........
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
I'm sure you can put your point across without bandying about your expertise in the English language.
your juvenile logic about the USCIS deciding how important your work is can be extended to how much you get paid too. How about demanding that you be paid equal to CEO's of fortune 100's!
And finally you still want to live in the US
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
more...
hazishak
08-13 03:52 PM
Did you guys see the recepting update in OH's site? Where did he get it from. I could not find it in USCIS site.
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GCEB2
09-11 06:49 PM
Hi GCEB2,
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
Please share you Infopass experience after you are done with it today. My case is exactly same as yours.
I had info pass appointment today in Newark they asked my
Info pass appointment letter
I-485 approval letter
Passports
I told them it�s almost one a month, I didn�t get my card yet. Then they gave me a token number and when my turn came. I met the USCIS officer he wasn�t much help at all. he just gave me 551 stamp for 1yr and when I asked him about biometric he said last year I took in Oct-07 its good till next month and I don�t need it.
I was expecting 551 stamp look like h1 visa stamp, but it�s just an ordinary stamp.
After coming home I called USCIS asked them about the card. She told me that card was sent out for production today and I should get it within 1 week to 30 days. Because it was sent out today that�s the reason I didn�t get the email update
Approved on 8-12-08
more...
mike_2000_la
06-05 05:10 PM
Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN-03-123-5-0001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is, all i know is, it is 5 for all the 4 service centers
0001 - count of the applications received at this service center on the given day(in this case day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day(not sure how they managed when 150,000 H1 applications came in one single day!)
Please correct me if i am wrong...
LIN is the prefix of the id number given to your application if you are applying to Nebraska service center, like WAC is for the california service center. it might possibly mean Lincoln,Nebraska.
I believe all 485(along with 765 and 131) applications should go to Nebraska service center after the bispecilization rule became effective. Not sure where the 140 application should go to though.
here is how you decipher the receipt number, be it from Nebraska,California,Texas,Vermont
LIN-03-123-5-0001
LIN - Service center,LIN for Nebraska,WAC for california,SRC for Texas and EAC for vermont
03 - the year 2003, it should be 07 for this year
123 - working days count from the start of the immigration year(immigration year starts in october i believe)
5 - Not sure what this number is, all i know is, it is 5 for all the 4 service centers
0001 - count of the applications received at this service center on the given day(in this case day-123). This can go from 0001 - 9999 but normally its about 2000-3000 application worst case 5000-6000 applications per day(not sure how they managed when 150,000 H1 applications came in one single day!)
Please correct me if i am wrong...
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pr02
07-11 12:25 PM
I liked the burning photocopies idea very much .This will surely work.
Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.
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go_guy123
02-02 10:33 AM
Love India, gave me the best time.
Came to US for higher education. Love USA.
Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )
Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!
Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.
Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.
Came to US for higher education. Love USA.
Not yet in the GC mess, but if I want to stay here, I will have to get in. (Hoping that the problem will be solved by the time I apply :D )
Visited India and love the progress. The final act of moving to India is not always GC, money or lifestyle. It boils down to the family one has in India. Having been away from India for long, don't feel comfortable with relatives anymore. Recently lost my dad, who meant everything to me. Can't think of going back to a place where he is not there anymore!
Good luck to all who decide to go back to India and Good luck to all who decide to stay back in the US.
Those who have come from India (specifically India born) really need lots of luck , perhaps even a miracle, to prevent their GC boats from sinking.
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rustum
09-25 12:46 PM
Case might have got transferred to CSC. I applied on Jul' 23rd and no news yet.
Thanks,
-rk.
Rk,
Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?
Thanks,
-rk.
Rk,
Thanks for your reply. Lawyer sent 140 to Texas. But, it was transfered to NSC and got a receipt from NSC for 140. Do you think it is transferred to CSC not toTSC?
more...
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akhilmahajan
03-04 10:18 AM
Thanks a lot everyone. I am happy the thread is back and alive.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
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shaikhshehzadali
06-14 03:38 PM
Was ur I140 filed in Texas?
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gcwait2007
08-18 02:44 PM
Mine is a labor substitution case. Labor PD: 02/2007. I-140 filed on 06/29/2007 in NSC and received the case number and also notice of action (I-797). If it is not a labor substitution case, then it would have been filed in TSC.
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
I live in Texas and my attorney filed I-1485 in TSC on 08/02/2007.
Whether my I-140 (based on labor substitution) will be transferred to TSC, from NSC? Or my I-485 will be transferred from TSC to NSC? How this transfer of cases from one center to another happening?
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krishuscis
07-09 08:55 PM
my 2cents suggestion...
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
1) Can we advertise about this rally in our grocery shops....
2) Can we bring our family memembers also.......
more...
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chakri_28
08-13 03:35 PM
I got all my receipt numbers from the cashed checks. Checks cashed on August 9th.
Filed applications at NSC.
Received @ NSC on July 2nd.
Filed applications at NSC.
Received @ NSC on July 2nd.
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n2b
08-13 11:03 AM
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.
I have not seen the notices yet so I dont know what the notice dates are.
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josecuervo
08-20 07:16 AM
Is I-485 approval notice on I-797 or will it be just like EAD mailer with GC cards attached to it.
I am still waiting for the GC cards
I am still waiting for the GC cards
man-woman-and-gc
09-16 12:02 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
GCSTATUS...Can u please update the First Post...can u plz paste the text detailing what we are doing here...people looking at this thread for the first time may not be able to readl all the posts..
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
GCSTATUS...Can u please update the First Post...can u plz paste the text detailing what we are doing here...people looking at this thread for the first time may not be able to readl all the posts..
xyz_123
07-21 09:58 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
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