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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pkv
01-31 01:27 AM
done!!
hrushi_j
09-17 12:48 PM
7y 10n
AMENDMENT FAILED
AMENDMENT FAILED
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paskal
05-24 10:06 PM
May be US corporations can tactically support this bill because this bill will impact Indian bodyshoppers severly. For past 5 years US companies could not compete with Indian companies as they have more leverage on H1b. Now if Indian companies avoid H1b US companies can get any time they want as they can satisfy most of conditions
that you have this marvelous full time job with an american company and are so very holier than thou...
btw i have a job like the one i described above, but preaching does not come naturally to all of us i guess.
i'd like to know if you care a crap about anyone whose life is likely to be severely shaken up by the things you propound here. remember they are simply innocent bystanders, they neither made laws, nor bent them. just tool jobs offered and did their work...
that you have this marvelous full time job with an american company and are so very holier than thou...
btw i have a job like the one i described above, but preaching does not come naturally to all of us i guess.
i'd like to know if you care a crap about anyone whose life is likely to be severely shaken up by the things you propound here. remember they are simply innocent bystanders, they neither made laws, nor bent them. just tool jobs offered and did their work...
more...
Wendyzhu77
07-12 10:01 AM
exactly. whatever they do, it will not be fair, so it is really a huge mess created by the stupid C in the original bulletin.
If applications are not accepted, its unfair. (by people of with recent PD)
If they are accepted now, its unfair. (by people whose apps were sent back)
If they were accepted from July 1st, its unfair.(by backlog applicants)
I dont understand how to solve the mess. Of course I created this mess.
I resign.
USCIS.:)
If applications are not accepted, its unfair. (by people of with recent PD)
If they are accepted now, its unfair. (by people whose apps were sent back)
If they were accepted from July 1st, its unfair.(by backlog applicants)
I dont understand how to solve the mess. Of course I created this mess.
I resign.
USCIS.:)
trueguy
08-13 11:56 AM
I totally agree with supporting IV.
The question is none of the Admin fixes in last one year has helped EB3-I. In fact, it made our situation even worse.
The question is none of the Admin fixes in last one year has helped EB3-I. In fact, it made our situation even worse.
more...
vsrinir
09-17 10:46 AM
Why C-SPAN???
WHEN YOU HAVE A DIRECT LINK
I was checking the c-span.org and couldn't find this.
WHEN YOU HAVE A DIRECT LINK
I was checking the c-span.org and couldn't find this.
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mhathi
09-17 10:35 AM
Not started yet.. People slowly trickling in... no body is talking
more...
lazycis
01-09 11:53 AM
Thank you Lazycis...
I was out of status for more than a year when I got married
You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.
I was out of status for more than a year when I got married
You will need to apply for a waiver of inadmissibility (I-601) if you have not done it yet.
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snathan
01-17 02:25 PM
^^^^^^^^^
more...
sobers
02-20 02:47 PM
Note: Sen Domenici is one of the original cosponsors of the PACE Act. Consequently, some of the provisions are similar.
http://domenici.senate.gov/news/record.cfm?id=251739
Domenici Unveils U.S. Immigration Reform Bill
from the Office of Senator Pete V. Domenici
Friday, February 17, 2006
WASHINGTON � U.S. Senator Pete Domenici today introduced legislation to reform U.S. immigration laws, recommending a strategy for dealing with millions of illegal workers in the United States and improving guest worker guidelines.
Domenici today offered the Welcoming Immigrants to a Secure Homeland (WISH) Act of 2006. The comprehensive measure is the second major border/immigration bill offered by Domenici, who believes in a two-step reform approach�secure America�s borders and reform immigration issues. In November, he introduced the Border Security and Modernization Act (S.2049) to address border security issues.
�As a border state Senator and the son of immigrants, I have a unique perspective on immigration. I understand the need to provide a secure homeland for my constituents who see the problems caused by illegal entries into our country every day. I also understand the need to welcome immigrants to our country, so that America remains a country where hard-working, entrepreneurial, and intelligent immigrants can prosper,� Domenici said.
The WISH Act would authorize a series of reforms to U.S. immigration laws including:
� Improving immigration law enforcement
� Creating a new guest worker visa
� Establishing a process for illegal immigrants in the U.S. to gain legal guest worker status
� Improving foreign student, highly-skilled worker and visitor regulations
�The time is right to fix our immigration laws, which are not working properly,� Domenici said. �My bill strikes a sensible and realistic balance between cracking down on illegal immigration while encouraging legal immigration. Slamming the door on immigration or unilaterally deporting millions of illegals already in the country is just unrealistic.�
Domenici said he will encourage the Senate Judiciary Committee to carefully consider his WISH Act and S.2049 as it readies comprehensive border security and immigration legislation for consideration in early March.
Domenici�s bill would increase the number of Department of Homeland Security personnel to investigate human smuggling, employment of illegal immigrants, and immigration fraud. The bill would also increases penalties for violations, as well as provides a system for verifying worker employment eligibility.
The bill would create a guest worker visa for up to three 3-year periods (9 years total) for immigrants to gain legal entry into the Unites States, and potentially apply for permanent resident status. The bill would allow 500,000 such visas the first year, with subsequent visas increased based on market need.
The measure establishes a program to allow illegal immigrants now in the United States�estimated at up to 12 million people�to apply for legal guest worker status. This proposal entails paying a fine and obtaining a legal guest worker visa.
The bill would clarify the limitations and restrictions placed on student visas after 9/11 in order to allow high-tech foreign workers and full-time foreign college students to study, work and travel in the United States. It would also establish a means for foreign students who graduate with honors to be allowed to work in the United States.
The following is a summary of the major provisions of the WISH Act:
>>> IMPROVE ENFORCEMENT
? Requires DHS to add new investigators and enforcement agents to curb human smuggling, hiring illegal aliens and immigration fraud, and add more personnel to process student visa applications.
? Increases penalties for aliens working illegally and employers who hire illegal aliens.
? Requires social security cards to be machine-readable and tamper resistant.
? Provides for employer participation in a system to verify the employment eligibility of aliens and to track aliens� employment.
>>> PROVIDE A NEW GUEST WORKER VISA
? Creates a guest worker visa for aliens to legally come to the United States with their immediate family, work, and travel for up to three 3-year periods. The alien must undergo a medical exam and background check to qualify, and must remain employed to stay in the United States. These guest workers would be allowed to begin paperwork for a change of status to permanent resident after they have been in the United States for 6 years under this visa; if they do not apply for a change of status, they must return to their home country upon expiration of the visa for at least 3 years. Failure to depart upon visa expiration would mean that the alien would be ineligible for any immigration benefit except asylum for 10 years. There would be 500,000 visas that could be issued in the first year under this section; this number could be increased in later years based on market need.
>>> ALLOW ILLEGAL WORKERS TO BECOME LEGAL WORKERS
? Creates a program to allow aliens who are illegally in the United States to obtain the above-referenced visa without leaving the United States. The alien would have to pay a fine for being in the United States illegally and go thru the same application process as aliens applying for the visa legally. These aliens would have to apply for this visa within three years of enactment of the WISH Act. If an illegal alien fails to apply for the visa and remains in the United States illegally, he would be removed and not allowed to apply for any immigration benefit except asylum. After being in the United States 5 years under this visa, any alien who had been in the United States for 5 years prior to the date of enactment of the WISH Act would be eligible to apply for a different visa (but not permanent resident status), but such a visa would not be issued until the alien left the country and reentered thru legal channels. If no new visa is acquired for such aliens, and for all undocumented aliens who have been in the United States less that 5 years before enactment of the WISH Act, when the initial visa expires (after up to 9 years, assuming the alien renews the visa and remains employed), the alien would be required to leave the United States for at least 3 years. Failure to depart when the visa expires would make the alien ineligible for any immigration benefit except asylum for 10 years.
>>> CREATE A MORE WELCOMING ENVIRONMENT FOR STUDENTS AND TRAVELERS
? Removes the cap for H-1B visas for college and non-profit professionals and the world-wide numerical limits for visas issued to aliens who have earned an advanced degree in science, technology, engineering, or math in the United States.
? Allows full-time foreign college and graduate students to work part-time while studying in the United States.
? Allows foreign students who graduate from a U.S. college with honors and who have a job offer in the United States to transition from a student visa to a work visa without leaving the country.
? Allows foreign students to travel outside of the United States to attend a seminar that is related to the student�s chosen field of study.
? Allows guests who are in the United States temporarily on a B-1 (business) or B-2 (traveler) visa to travel no less than 100 miles from the international border during their trip.
http://domenici.senate.gov/news/record.cfm?id=251739
Domenici Unveils U.S. Immigration Reform Bill
from the Office of Senator Pete V. Domenici
Friday, February 17, 2006
WASHINGTON � U.S. Senator Pete Domenici today introduced legislation to reform U.S. immigration laws, recommending a strategy for dealing with millions of illegal workers in the United States and improving guest worker guidelines.
Domenici today offered the Welcoming Immigrants to a Secure Homeland (WISH) Act of 2006. The comprehensive measure is the second major border/immigration bill offered by Domenici, who believes in a two-step reform approach�secure America�s borders and reform immigration issues. In November, he introduced the Border Security and Modernization Act (S.2049) to address border security issues.
�As a border state Senator and the son of immigrants, I have a unique perspective on immigration. I understand the need to provide a secure homeland for my constituents who see the problems caused by illegal entries into our country every day. I also understand the need to welcome immigrants to our country, so that America remains a country where hard-working, entrepreneurial, and intelligent immigrants can prosper,� Domenici said.
The WISH Act would authorize a series of reforms to U.S. immigration laws including:
� Improving immigration law enforcement
� Creating a new guest worker visa
� Establishing a process for illegal immigrants in the U.S. to gain legal guest worker status
� Improving foreign student, highly-skilled worker and visitor regulations
�The time is right to fix our immigration laws, which are not working properly,� Domenici said. �My bill strikes a sensible and realistic balance between cracking down on illegal immigration while encouraging legal immigration. Slamming the door on immigration or unilaterally deporting millions of illegals already in the country is just unrealistic.�
Domenici said he will encourage the Senate Judiciary Committee to carefully consider his WISH Act and S.2049 as it readies comprehensive border security and immigration legislation for consideration in early March.
Domenici�s bill would increase the number of Department of Homeland Security personnel to investigate human smuggling, employment of illegal immigrants, and immigration fraud. The bill would also increases penalties for violations, as well as provides a system for verifying worker employment eligibility.
The bill would create a guest worker visa for up to three 3-year periods (9 years total) for immigrants to gain legal entry into the Unites States, and potentially apply for permanent resident status. The bill would allow 500,000 such visas the first year, with subsequent visas increased based on market need.
The measure establishes a program to allow illegal immigrants now in the United States�estimated at up to 12 million people�to apply for legal guest worker status. This proposal entails paying a fine and obtaining a legal guest worker visa.
The bill would clarify the limitations and restrictions placed on student visas after 9/11 in order to allow high-tech foreign workers and full-time foreign college students to study, work and travel in the United States. It would also establish a means for foreign students who graduate with honors to be allowed to work in the United States.
The following is a summary of the major provisions of the WISH Act:
>>> IMPROVE ENFORCEMENT
? Requires DHS to add new investigators and enforcement agents to curb human smuggling, hiring illegal aliens and immigration fraud, and add more personnel to process student visa applications.
? Increases penalties for aliens working illegally and employers who hire illegal aliens.
? Requires social security cards to be machine-readable and tamper resistant.
? Provides for employer participation in a system to verify the employment eligibility of aliens and to track aliens� employment.
>>> PROVIDE A NEW GUEST WORKER VISA
? Creates a guest worker visa for aliens to legally come to the United States with their immediate family, work, and travel for up to three 3-year periods. The alien must undergo a medical exam and background check to qualify, and must remain employed to stay in the United States. These guest workers would be allowed to begin paperwork for a change of status to permanent resident after they have been in the United States for 6 years under this visa; if they do not apply for a change of status, they must return to their home country upon expiration of the visa for at least 3 years. Failure to depart upon visa expiration would mean that the alien would be ineligible for any immigration benefit except asylum for 10 years. There would be 500,000 visas that could be issued in the first year under this section; this number could be increased in later years based on market need.
>>> ALLOW ILLEGAL WORKERS TO BECOME LEGAL WORKERS
? Creates a program to allow aliens who are illegally in the United States to obtain the above-referenced visa without leaving the United States. The alien would have to pay a fine for being in the United States illegally and go thru the same application process as aliens applying for the visa legally. These aliens would have to apply for this visa within three years of enactment of the WISH Act. If an illegal alien fails to apply for the visa and remains in the United States illegally, he would be removed and not allowed to apply for any immigration benefit except asylum. After being in the United States 5 years under this visa, any alien who had been in the United States for 5 years prior to the date of enactment of the WISH Act would be eligible to apply for a different visa (but not permanent resident status), but such a visa would not be issued until the alien left the country and reentered thru legal channels. If no new visa is acquired for such aliens, and for all undocumented aliens who have been in the United States less that 5 years before enactment of the WISH Act, when the initial visa expires (after up to 9 years, assuming the alien renews the visa and remains employed), the alien would be required to leave the United States for at least 3 years. Failure to depart when the visa expires would make the alien ineligible for any immigration benefit except asylum for 10 years.
>>> CREATE A MORE WELCOMING ENVIRONMENT FOR STUDENTS AND TRAVELERS
? Removes the cap for H-1B visas for college and non-profit professionals and the world-wide numerical limits for visas issued to aliens who have earned an advanced degree in science, technology, engineering, or math in the United States.
? Allows full-time foreign college and graduate students to work part-time while studying in the United States.
? Allows foreign students who graduate from a U.S. college with honors and who have a job offer in the United States to transition from a student visa to a work visa without leaving the country.
? Allows foreign students to travel outside of the United States to attend a seminar that is related to the student�s chosen field of study.
? Allows guests who are in the United States temporarily on a B-1 (business) or B-2 (traveler) visa to travel no less than 100 miles from the international border during their trip.
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Norristown
09-17 12:23 PM
Jerry Weller talking about Refugee act...
more...
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hopefulgc
03-13 09:36 AM
found it
http://mumbai.usconsulate.gov/cut_off_dates.html
it is for real!!!!
http://mumbai.usconsulate.gov/cut_off_dates.html
it is for real!!!!
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merebaap
06-24 03:26 PM
Insurance prices are fixed by the insurance company and filed with the government. And government regulates the price. No matter from where you buy the insurance, you will have to pay exactly the same price for the same insurance.
Therefore, it is better to buy from a broker who will be willing to help you not only at the time of sale but if any help is needed at the time of claims. If you buy directly from the insurance company, you are own your own in case you need any help.
Regarding which broker to buy from, call around and find out which one you feel more comfortable with and buy from them.
Therefore, it is better to buy from a broker who will be willing to help you not only at the time of sale but if any help is needed at the time of claims. If you buy directly from the insurance company, you are own your own in case you need any help.
Regarding which broker to buy from, call around and find out which one you feel more comfortable with and buy from them.
more...
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vxg
09-15 04:56 PM
When I call NSC they tell there status says whatever is on website, Only thing she did opened SR. And I have not heard anything on that....I took info pass ...same thing...The lady on NSC says she can not even see my Priority Date ..
I call 1-800-375-5283....then I press 1 for english.....then option 2 .....Press 1
Call the service center where your case is (Texas or nebraska) not NSC.
I call 1-800-375-5283....then I press 1 for english.....then option 2 .....Press 1
Call the service center where your case is (Texas or nebraska) not NSC.
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immigrationmatters30
05-25 02:56 PM
Looks like they are going to use the unused EB visa numbers for FB.To me, this is family reunification bill and most likely will not have any benefit for us.
I think we need to study the bill in detail before we jump to any conclusions.
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
I think we need to study the bill in detail before we jump to any conclusions.
From reading the summary in the AILA website, specifically the below :
The legislation would reinforce our commitment to families and reduce current wait times in the family immigration system by:
�Recapturing an estimated 400,000 family-sponsored and employment-based visas that went unused between 1992 and 2007.
Atleast to me it seems like the bill plans on using all the unused visas from the past years and apply that towards the family quota. Not sure if that would help the EB cause.
Inputs anyone?
more...
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gc2005
11-16 12:05 PM
the one going on currently...SKIL bill will definetly help us stuck for years in waiting
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raghuram
05-09 04:24 PM
Hello,
We have used the following plan over past 3-4 years (though never had to file a claim)... it offers coverage for pre-existing conditions as well...
Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)
Any insurance is good until you have to use it. It is nice that you didn't have to use it.
However, the fact remains that the 's plan is a fixed coverage plan that has sub-limits for each and every procedure. That means, it wll only pay a fixed amount and you will pay the difference yourself which can be a big amount.
It is always better to buy comprehensive coverage plans that have no sub-limits.
Check out http://visitorsinsuranceusa.wordpress.com to look at the shocking but true facts about India Network Insurance / KV Rao Insurance.
We have used the following plan over past 3-4 years (though never had to file a claim)... it offers coverage for pre-existing conditions as well...
Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..org/)
Any insurance is good until you have to use it. It is nice that you didn't have to use it.
However, the fact remains that the 's plan is a fixed coverage plan that has sub-limits for each and every procedure. That means, it wll only pay a fixed amount and you will pay the difference yourself which can be a big amount.
It is always better to buy comprehensive coverage plans that have no sub-limits.
Check out http://visitorsinsuranceusa.wordpress.com to look at the shocking but true facts about India Network Insurance / KV Rao Insurance.
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sbabunle
02-09 05:53 PM
The closed or cancelled cases will be minimal now since all the 45 day
letter is completed . I think 90% or more of the pending cases will be certified.
If LC substitution is eliminated a lot of LCs will be timed out.
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
letter is completed . I think 90% or more of the pending cases will be certified.
If LC substitution is eliminated a lot of LCs will be timed out.
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
sc3
08-13 05:52 PM
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
This is really bad news indeed. USCIS is screwing us up big time. How can they see a demand for the numbers when there is no one applying for the past 3 months?
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
This is really bad news indeed. USCIS is screwing us up big time. How can they see a demand for the numbers when there is no one applying for the past 3 months?
saibaba
12-02 02:33 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I’m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I’m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks