vine95050
12-09 11:33 AM
Use this link:
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
click on "Register" on the left to create an account and you will be able to check the status of your application.
Everytime USCIS makes a decision or simply has a look at your file, there will be a new date or "LUD".
Congrats on your successful journey! Can one file WOM after 6-7 months of waiting on 485 with pending security check from fbi? Thanks.
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
click on "Register" on the left to create an account and you will be able to check the status of your application.
Everytime USCIS makes a decision or simply has a look at your file, there will be a new date or "LUD".
Congrats on your successful journey! Can one file WOM after 6-7 months of waiting on 485 with pending security check from fbi? Thanks.
wallpaper Steady Dark Castle Wallpaper
qplearn
11-16 01:51 PM
There is radio talk guy Sean Hannity (Convervative Republican). He is very popular for his straight and truth talk on radio. He comes in 7:60 AM on radio from 3PM to 5 PM EST.
We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.
For more information about him you can check http://www.hannity.com
I would stay away from this guy. He hates all immigrants; he supports the legal ones when he wants to bash the illegals. He is on FOX everyday. People who might listen to us are people like Margaret Warner on PBS.
We could send an e-mail or call and request him if he could take time to talk about our problem. He is very much against Illegal Immigration. He always supported legal immigration. He himself is an immigrant. Most of the people in Congress know him. Probably this might be a good idea and hope he will talk about our problems and this wrong propaganda about us not paying taxes.
For more information about him you can check http://www.hannity.com
I would stay away from this guy. He hates all immigrants; he supports the legal ones when he wants to bash the illegals. He is on FOX everyday. People who might listen to us are people like Margaret Warner on PBS.
v2neha
11-01 06:06 PM
I won't go back - not because I am lazy or afraid of smarter people back home. I won't go back - not because I love USA dearly and not because I can't put up with hardships of my home country.
I won't go back because I did not come here to go back in the first place. I won't go back because my going back will change nothing. I won't go back because I love my job even if I can't change it. I won't go back because my kids have friends here. I won't go back because I am not the kind that gives up - even in the name of a social movement.
I won't go back because I did not come here to go back in the first place. I won't go back because my going back will change nothing. I won't go back because I love my job even if I can't change it. I won't go back because my kids have friends here. I won't go back because I am not the kind that gives up - even in the name of a social movement.
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Bytes4Lunch
08-20 01:01 PM
Good job laying out all usecases "add78".
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.
more...
lotsofspace
01-30 04:52 PM
Voted. But the question slipped to 11 now.
Macaca
11-07 02:27 PM
The following are clear cut abuses.
I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program.
In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions.
Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions.
Also, an Indian outsourcing company was fined by DOL for paying lower wages. Another example of clear cut fraud.
I am also anxiously awaiting this report.
The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately.
The questions are
What is a fraud?
How will yo detect a fraud?
How many companies are commiting fraud?
How many workers are involved in fraud?
Remember, they are not interested in benefit for worker. That is, something that is a problem for worker (kind of issues mentioned in this thread) are not of interest to them.
I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program.
In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions.
Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions.
Also, an Indian outsourcing company was fined by DOL for paying lower wages. Another example of clear cut fraud.
I am also anxiously awaiting this report.
The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately.
The questions are
What is a fraud?
How will yo detect a fraud?
How many companies are commiting fraud?
How many workers are involved in fraud?
Remember, they are not interested in benefit for worker. That is, something that is a problem for worker (kind of issues mentioned in this thread) are not of interest to them.
more...
a1b2c3
04-30 08:32 PM
Hi,
Its been two months passed since i got GC. My question is , Is it necessary to stay with employer for atleast six months after getting GC. Would really appreciate if someone helps me out.
Yes, I have the same question. Everything is a good practice recommendation. That is confusing.
And I thought it was one year. Is it 6 months?:confused:
Its been two months passed since i got GC. My question is , Is it necessary to stay with employer for atleast six months after getting GC. Would really appreciate if someone helps me out.
Yes, I have the same question. Everything is a good practice recommendation. That is confusing.
And I thought it was one year. Is it 6 months?:confused:
2010 Fantasy castle
concorde
03-10 03:03 AM
This is in reference to a thread about feeling depressed by retrogression or labor backlogs to stuck FBI namechecks or whatever it is that depresses you. Not criticizing anyone in particular so dont aim for me.
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).
Yes, and a lot of people know that there are highly skilled people who are depressed and that takes a toll on employee productivity.
After all, if 90% of your time is spent on thinking about BECs and visa bulletins, imagine if that time was spent on doing the job they've hired you for.
Some employers(like Microsoft) realize this and want to do something about it. Its not just about keeping the best and brightest here in USA. Its also about keeping the morale and productivity up.
As to how to deal with this...try this.
Call your local congressman's office(Find out info about that from House.gov, with your zipcode). Get an appointment with congressman. There is an Easter recess coming up when they would be back from DC.
Then talk to him about all issues you have. Take all the material you need from the "Volunteer" menu item of this website.
Doing something about the problem is the best therapy there is. I am not saying this because I want to coax you into meeting your congressman. No. That's not the objective. But I think action is the best remedy for this problem. And there is actionable stuff to do about this. If you are suffering from terminal cancer, then you really cant do anything about that. This is not such a problem. This is a problem for which the solution is out there.
Somehow, after landing in this country, people lose the appetite for risk and adventure. Before they are in here, they would move mountains to score an H1 or an F1. After coming here, they hunker down, heads-under-the-desk kind of approach. What I am talking about is nearly 200 people right now, who have read this post, but havent logged in. They wouldnt log in. They wouldnt give their real email address if they sign up. They would never contribute. WHY? Because they are afraid. That they will be deported. For no reason. Everything we do is legal, including raising funds and spending it on lobbying. But they are afraid. They are also afraid that by talking to congressmen, they will make them mad and the congressman will pick up the phone, call USCIS and then get their 140 cancelled. Yes. People create their own fastasies and become afraid of them..
Yesterday, nearly 2000 Irish illegals went to capitol hill (http://www.ireland.com/newspaper/frontpage/2007/0308/1173121325488.html)and talked to various lawmakers to lobby for CIR and legalization. They were illegals. Yet, the somehow managed to walk into the building where laws of this country are made, talk to people who make the laws that they have broken, go thru Capitol Hill security check, and look into the eye of the lawmaker and talk to them.
However, our community, this is how they behave. Forget about talking to congressman, or contributing money. When they call the core group with a question, they block the caller id can call. Dont disclose their name too. Ask a questions and then quickely hang up. Some of them want to contribute with cash because they are not willing to believe us that we are doing everything legal here and its their right to lobbying and petition the Government for problems.
After paying taxes, after following all immigration laws, after getting all the education in the world to become "Highly skilled", the highly skilled cant bring themselves to stand-up with a straight spine, thump their desk and talk to their lawmaker.
So at the end of the day, if we are depressed that legals dont get attention, then you know where to look for blame : the highly skilled who are highly educated and too afraid because their education and skills make them think too much and analyze too much, and they are afraid all the time.
logic, Very interesting to read this..good post.... but this got me thinking in retrospect; how many of us have voted back home? How many of us know how laws are made back home or made an effort to become involved in the law making process back home? Other than for a favour I wonder how many have picked up the phone and dialed the MLA or MP ("our" lawmakers in the true sense) on a law making issue. How many of us have filed taxes or even know what filing taxes means back home? :) Guys, don't aim for me, I am just reflecting on the views put forth in in logic's post. My point is, being judgmental is not going to get anybody anywhere. I am not really sure who is afraid..who isn't etc. Perhaps none of us has the courage to hang our boots here, go back and become the next LN Mittal or Bill Gates?..open the next Microsoft, Oracle etc :)?. I admit that I definitely don't have the courage otherwise I definitely wouldn't be here in the first place. The "their lawmaker" quoted somewhere in the above post doesn't hold good in the true sense. The most promising solution is to approach the CEOs of big businesses so they can contact "their lawmakers". I know that employees in Microsoft have approached and talked to Bill Gates on this issue. I will try to do the same at my employer. Let us all do that with our respective employers. I know that we will be afraid to do this and it is natural...after all things could backfire and we might get fired for talking to the CEO :-).
more...
hibworker
03-26 07:12 PM
Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007
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hopeful08
11-22 01:11 AM
We are June 15th, 2007 filers. We got our APs and EADs. There have been no more updates on mine or my spouse's 485 applications. But our son's 485 application had a LUD in September and again a couple of days ago. Does that by any chance mean that our son's NC is cleared and our's is stuck ?
more...
21stIcon
10-10 03:48 PM
staying debt free, buying physical gold,
The cheap money from Japan is gone and will never come again. Call rates for banks have risen to 20% (bank to bank lending).
Already there are fissures in European Union in handling the crisis.
The situation is out of reach for USA and Dollar value may crash. The recent runup in dollar is due to Euro crashing. It is a temporary phenomenon.
sri
Equity is down 20% to 30% in developing world and 50 to 70% down in emerging world over 7 trading days, but gold/silver/platinum is just hanging on there, so get out of commodities which would not help you at all, best option is stay in long term USA bonds for security or buy south east Asia bonds which would be right choice for long term
70% of precious metals are owned by banks and government which do not have liquidity to buy, even current price supportd is provided by China/Taiwan/Arab sovereign funds. those govts might get out of gold any time then price will drop to 2005 range.
Do not under estimate USA which is global economic engine,It will recover and this is not new to this country, they have done it and they may do it again at some point in future
Take it easy by diversifying your portfolio....
Best option stay in cash until 2010 with FDIC security....
The cheap money from Japan is gone and will never come again. Call rates for banks have risen to 20% (bank to bank lending).
Already there are fissures in European Union in handling the crisis.
The situation is out of reach for USA and Dollar value may crash. The recent runup in dollar is due to Euro crashing. It is a temporary phenomenon.
sri
Equity is down 20% to 30% in developing world and 50 to 70% down in emerging world over 7 trading days, but gold/silver/platinum is just hanging on there, so get out of commodities which would not help you at all, best option is stay in long term USA bonds for security or buy south east Asia bonds which would be right choice for long term
70% of precious metals are owned by banks and government which do not have liquidity to buy, even current price supportd is provided by China/Taiwan/Arab sovereign funds. those govts might get out of gold any time then price will drop to 2005 range.
Do not under estimate USA which is global economic engine,It will recover and this is not new to this country, they have done it and they may do it again at some point in future
Take it easy by diversifying your portfolio....
Best option stay in cash until 2010 with FDIC security....
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DesiGuy
09-17 01:50 PM
LINK?
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
http://judiciary.edgeboss.net/real-live/judiciary/17223/56_judiciary-coj_2141_070212.smi
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Eternal_Hope
01-30 07:44 PM
Q # 60 & 78
6:58 p.m. CST.
6:58 p.m. CST.
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kasanski33
06-13 08:02 PM
Anybody got any idea on my situation?
Deba I am in the same boat as you.....Did not get very clear information till date. But what I have heard is you can travel on AP, get married as long as you have "a" H1-B stamp even if its expired in your passport it should be OK for your wife to apply for H-4 using the latest I 797 approval notice.
To be on the safe side though I am personally considering going for stamping as I dont have much time to wait for an AP as my PD is July 02 and I feel I might get my GC real soon :-)
Deba I am in the same boat as you.....Did not get very clear information till date. But what I have heard is you can travel on AP, get married as long as you have "a" H1-B stamp even if its expired in your passport it should be OK for your wife to apply for H-4 using the latest I 797 approval notice.
To be on the safe side though I am personally considering going for stamping as I dont have much time to wait for an AP as my PD is July 02 and I feel I might get my GC real soon :-)
more...
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rongha_2000
11-02 02:56 PM
What are you smoking dude? You 100 people go back, 1000s more are in line to replace them. Get real..!!
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
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senthil1
07-15 12:20 PM
From the article it seems Tancredo gives wrong information about H1b. Generally CNN is not responsible for any other person is giving wrong information in the interviews unless CNN accepts the information. Daily they are interviewing many people including Politicians and there is lot of chance for wrong information. Many persons gave wrong information about Iraq in CNN but CNN could not be responsible for that. If Lou Dobbs gives/accepts wrong information then we can complain about him in CNN. So if action needs to be taken we need to protest Tancredo for his comments.
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purgan
08-14 05:29 PM
IV, please either change the title to "Plight of EB3 INDIA" or close this nonsensical thread.
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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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chanduv23
02-01 12:58 PM
Consulting companies bring physicians to the US annd place them for research and observerships, these candidates while doing research, do their USMLE and when they get a residency transfer h1b.
I have seen newspaper advertisements in India inviting MBBS doctors for these jobs
I have seen newspaper advertisements in India inviting MBBS doctors for these jobs
coopheal
08-13 10:48 AM
Guys,
Now we have poll results. What does these number mean to us? Any action item?
All this poll proves is that new EB3 folks are more vocal. If we really need an action item then start supporting IV with money. Take part in IV action items to call reps.
Face it other option of crying its not fare will not help us.
Now we have poll results. What does these number mean to us? Any action item?
All this poll proves is that new EB3 folks are more vocal. If we really need an action item then start supporting IV with money. Take part in IV action items to call reps.
Face it other option of crying its not fare will not help us.
eb3_nepa
02-22 05:49 PM
Guys lets face it, Currently we are up against a wall. This is absolutely THE worst time when it comes to immigration. We have to be quite careful about the kinda steps we take esp when it comes to immigration as the lawmakers have bundled us up as a banner of "immigrants".
Is there any pacca news on the date when the Senate take up this "immigration reform" bill? The extremely sad truth is that we can ONLY TRY. This is NOT in our hands and we have NO bargaining power here. That makes it all the more necessary that QGA guides us all the way and that we can pay for QGA all the way. A quick q to the gurus. Right now what is the status with QGA? I mean we have 30k they need 200k. So till we pay 200K they do nothing or are they doing this in steps like for 50K we take u to point A and for 50K more we take u to point B etc? Often my friends and people i talk to ask me that question and come up answerless :)
Please dont get me wrong, i m in NO way quitting or bringing people down, just keeping in touch with reality. :)
Is there any pacca news on the date when the Senate take up this "immigration reform" bill? The extremely sad truth is that we can ONLY TRY. This is NOT in our hands and we have NO bargaining power here. That makes it all the more necessary that QGA guides us all the way and that we can pay for QGA all the way. A quick q to the gurus. Right now what is the status with QGA? I mean we have 30k they need 200k. So till we pay 200K they do nothing or are they doing this in steps like for 50K we take u to point A and for 50K more we take u to point B etc? Often my friends and people i talk to ask me that question and come up answerless :)
Please dont get me wrong, i m in NO way quitting or bringing people down, just keeping in touch with reality. :)
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