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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overhere
07-18 01:51 PM
Thanks...but isn't the post mark date is when you send the mail ?
that's correct.
that's correct.
senthil1
05-24 10:42 PM
I am not working in permanent job. I am also in consulting job. I am not supporting the restrictions. I am giving comments. Some comments were not liked by some IV members and they are suspecting that I am anti immigrant from alipac or numbersusa. But I strongly suspect Indian bodyshoppers and consulting companies used big portion of H1bs, and that might be reason for those restrictions. Till 3 months before everything was going well and all of IV provisions were there in the skil bill and strive. But suddenly Durbin bill was introduced and just a few weeks back they sent a notice to Top most Indian companies about H1b. Whatever reply Indian companies give may create more trouble.So something went terriably wrong in past 3 months. Not even one pro legal immigrant amendment in Senate. I am not seeing anyone working seriously except IV. Immigration lawyers are more bothered about point system and family based immigration system.
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...
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Vexir
06-04 04:01 PM
I like it but the orange is out of place and the kirupa.com text is hard to read.
more...
xela
12-13 02:21 PM
I never have and never will like the idea of being asked to pay, I give what I can unasked. What of the people that by circumstance do currently not have these amounts of money to spare. I should not have to feel excluded nor should I have to explain my very personal reasons why to everyone.
Have you guys looked in the forums lately, people are getting "yelled" at and talked to rudely if they do not disclose how much exactly they have contributed. So we are only allowed to an opinion or help if we have money?
I will contribute when I have money to spare, however it seems I will have to leave this organization based on the comments that have been out there before I get to the point where I can afford to contribute. That goes for both time and money, some of us have responsibilities that we do not want to disclose.
*sigh* I might have just opened myself up to the ones that like to attack....go ahead...
Have you guys looked in the forums lately, people are getting "yelled" at and talked to rudely if they do not disclose how much exactly they have contributed. So we are only allowed to an opinion or help if we have money?
I will contribute when I have money to spare, however it seems I will have to leave this organization based on the comments that have been out there before I get to the point where I can afford to contribute. That goes for both time and money, some of us have responsibilities that we do not want to disclose.
*sigh* I might have just opened myself up to the ones that like to attack....go ahead...
pdx_Soft_Eng
04-21 06:37 PM
Hi,
I just sent $100 in addition to my $200 initial contribution. It is doable to reach 150K by May 1st if we get some action from non-contributing members.
I just sent $100 in addition to my $200 initial contribution. It is doable to reach 150K by May 1st if we get some action from non-contributing members.
more...
ujjwal_p
08-19 02:55 PM
Congrats man! Happy for you and your biggest fulfillment.
By any chance, are you originally from INDIA? If so, we're pleased to strike off one more suckup from our list of billion people.
Goodluck!
lol.. nice one.. anyway, congrats dude.. biggest fulfillment.. hmm.. sounds like gollum and "the precious".. this is further proof that the first stop after attaining gc/usc needs to be a shrink..atleast for some of us..
By any chance, are you originally from INDIA? If so, we're pleased to strike off one more suckup from our list of billion people.
Goodluck!
lol.. nice one.. anyway, congrats dude.. biggest fulfillment.. hmm.. sounds like gollum and "the precious".. this is further proof that the first stop after attaining gc/usc needs to be a shrink..atleast for some of us..
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annsheila79
04-20 02:11 PM
I aso suspect the same...I have asked her the website and there is no information so far. Guys dont fall for her.
what makes you think i have a website and I evaluate?? Moron, I was asking the person to get the documents evaluated and let other know, so that others who are in same position can benefit from that.
what makes you think i have a website and I evaluate?? Moron, I was asking the person to get the documents evaluated and let other know, so that others who are in same position can benefit from that.
more...
prashanthg
08-19 03:25 PM
Total AOS applications pending as of June-2008 is 740,969.
What percentage of them is Eb-3? where did you get that 55% from?
What % of EB3 is from india? Where did you get that 30% from?
Thanks,
g
Some of my assumptions are from previous posts (may be from vdlrao's posts).
I assumed that the EB3 numbers are split between India/China and ROW.
EB3-I could be as high as 40% - I could be wrong.
I would like to see some guru's comment on these numbers.
What percentage of them is Eb-3? where did you get that 55% from?
What % of EB3 is from india? Where did you get that 30% from?
Thanks,
g
Some of my assumptions are from previous posts (may be from vdlrao's posts).
I assumed that the EB3 numbers are split between India/China and ROW.
EB3-I could be as high as 40% - I could be wrong.
I would like to see some guru's comment on these numbers.
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bach007
07-15 12:25 AM
Looks like we are safe until October! :D
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Struggle
07-14 12:48 AM
http://digg.com/politics/The_Gandhi_Protests
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satishku_2000
02-01 01:10 PM
What is IV's position on more H1Bs?
more...
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needhelp!
11-14 06:49 PM
I would understand if walking_dude was asking me to fly to Michigan and stand with a placard in front of the radio station (which I MIGHT do btw), but sending an email is a five-minute effort, which everyone can do sitting at their home/office/library.
I don't think we will dilute any other effort through doing this.
I don't think we will dilute any other effort through doing this.
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Mr. Brown
05-14 08:23 PM
Mr Brown,
Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!. Just because you chose to buy a home and have a life does not mean that others dont. Every one lives their own lives. Those who dont buy a home live a life of their choice. Stop judging people. GC was not a risk or hindrance to you in buying a home but could be for Joe the Analyst. You might have deep pockets, Joe the analyst might not or have other commitments
Your statements (above in bold) are contradictory. On one hand you don't want us to judge you but you return us the favor anyway.
Let me be clear here. I was talking about people who come here whining about how they can't buy a house ONLY because of the gc/immigration laws etc. I am not talking about Joe the Analyst (nicely copied BTW :-))
All I am saying is to stop whining and do better to withstand what you cannot change.
BTW, I put 10% down on my house and I've got the usual commitments.
Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!. Just because you chose to buy a home and have a life does not mean that others dont. Every one lives their own lives. Those who dont buy a home live a life of their choice. Stop judging people. GC was not a risk or hindrance to you in buying a home but could be for Joe the Analyst. You might have deep pockets, Joe the analyst might not or have other commitments
Your statements (above in bold) are contradictory. On one hand you don't want us to judge you but you return us the favor anyway.
Let me be clear here. I was talking about people who come here whining about how they can't buy a house ONLY because of the gc/immigration laws etc. I am not talking about Joe the Analyst (nicely copied BTW :-))
All I am saying is to stop whining and do better to withstand what you cannot change.
BTW, I put 10% down on my house and I've got the usual commitments.
more...
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alterego
12-06 10:03 PM
I think each person can write their own story and here are a few writing points as appropriate.
1) How long you have been here, and how despite your contributions in work and taxes, creativity(of jobs?) and maintainineg legal status, you have been left in a difficult spot of no permanency of status.
2) How you have benefited from this country and would like to give back, and understood that to be the tradition on which america was built.
3) If you have US born Children. That it would be unjust to ask them to be brought up elsewhere.
4) That your entrepreneural ideas have been held back by your inability to have permanency of tenure here.
5) That you never understood that to be the way it is done in America. However, a little voice keeps telling you to never quit on America, as she eventually gets it right.
6) That you have been unable to buy a home due to this issue and wonder why it is that you can't help yourself while helping America. That you have a stable job, 20% down, excellent credit and the whole nine yards except the green card. That there are thousands like you waiting to jump in.
7) How the US gov't bureaucracy has "wasted" over half a million green cards already allocated annually by congress, all happened while there were years long queues and merely recapturing those visas has been blocked by gridlock.
8) Mention Immigrationvoice in your e mail, and state that we have some great ideas on how to make the EB system more efficient and would love to be engaged in improving the system.
1) How long you have been here, and how despite your contributions in work and taxes, creativity(of jobs?) and maintainineg legal status, you have been left in a difficult spot of no permanency of status.
2) How you have benefited from this country and would like to give back, and understood that to be the tradition on which america was built.
3) If you have US born Children. That it would be unjust to ask them to be brought up elsewhere.
4) That your entrepreneural ideas have been held back by your inability to have permanency of tenure here.
5) That you never understood that to be the way it is done in America. However, a little voice keeps telling you to never quit on America, as she eventually gets it right.
6) That you have been unable to buy a home due to this issue and wonder why it is that you can't help yourself while helping America. That you have a stable job, 20% down, excellent credit and the whole nine yards except the green card. That there are thousands like you waiting to jump in.
7) How the US gov't bureaucracy has "wasted" over half a million green cards already allocated annually by congress, all happened while there were years long queues and merely recapturing those visas has been blocked by gridlock.
8) Mention Immigrationvoice in your e mail, and state that we have some great ideas on how to make the EB system more efficient and would love to be engaged in improving the system.
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anands26
02-13 07:04 PM
A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.
Before you ladies jump on me with your (p)curses for personal attacks, read on.
IV needs to figure out other ways to generate cash if it thinks that would help. One way would be advertising on the site. I think IV has built this website well and it is an asset it needs to use NOW. I believe IV can charge up to $10,000 a day for advertising on the website. That would be $300,000/month or $3.6 million a year. Even $3000/day would result in over $1 million. That should not be very difficult to do.
Before you ladies jump on me with your (p)curses for personal attacks, read on.
IV needs to figure out other ways to generate cash if it thinks that would help. One way would be advertising on the site. I think IV has built this website well and it is an asset it needs to use NOW. I believe IV can charge up to $10,000 a day for advertising on the website. That would be $300,000/month or $3.6 million a year. Even $3000/day would result in over $1 million. That should not be very difficult to do.
more...
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we_can
02-08 08:10 AM
Yes US Post Doc (without US MS or PhD) might not qualify under SKIL. But on the other had, a post doc might have enough publications and such under his/her belt to try to go for EB1.
we_can
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
we_can
Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.
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Harivinder
06-03 03:29 PM
I called all the reps listed and Rep. Issa, Darrell [R], District 49, phone: 202-225-3906 because i live in his congressional district.
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Macaca
12-17 02:24 PM
From Investing in America, Making Things Worse (http://online.wsj.com/public/article/SB119449088264586132.html) By Sen. Chuck Grassley (R., Iowa) | Wall Street Journal, Nov 8, 2007
I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).
Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.
I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.
From page 9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
The National Foundation for American Policy sent a letter to Senator Grassley�s office requesting a list of the names of �hi-tech workers who have had to train their own replacement who is an H-1B visa holder.�
To date we have not received such a list from Senator Grassley�s office.
I'm startled to learn that The Wall Street Journal seriously believes that an investment in American students will make things worse for U.S. businesses ("The Grassley Visa Tax," editorial, Nov. 2).
Your editorial asserts that the number of foreign workers on H-1B visas is so minimal that we shouldn't care if Americans are in fact displaced. I challenge the Journal to wave their labor force figures in the face of one of the hi-tech workers who have had to train their own replacement who is an H-1B visa holder. That's a smack in the face to the American worker and hardly an issue to take lightly.
I am committed to an effort to include additional H-1B reforms and increase the visa supply along with an increased investment to educate Americans. But, I strongly disagree that the only solution is to increase our reliance on foreign workers by raising the annual cap. Reforms to the program must be a top priority. Big business cannot continue to ignore the home-grown American talent who should be getting at least a good portion of these jobs.
From page 9 of Driving jobs and Innovation Offshore (http://www.nfap.com/pdf/071206study.pdf) The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007
The National Foundation for American Policy sent a letter to Senator Grassley�s office requesting a list of the names of �hi-tech workers who have had to train their own replacement who is an H-1B visa holder.�
To date we have not received such a list from Senator Grassley�s office.
centaur
02-05 04:43 PM
On a personal level, it might be helpful to you, however there are others here who want to --start their own company, change employers, go back to school and over and above all be able breathe without feeling suffocated by the system, and reap benefits of the multiple contributions they have made, for, so many years, to the american society.
Hello everyone,
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
Hello everyone,
I was just thinking about this the past couple of months and maybe we dont even need to ask for Green cards. MAYBE our approach should be "Let the H4s work". Once husband and wife can both work, the green card can take its time. Right now the Biggest problem with most people is that "my spouse cannot work!". Maybe if we lobby for h4s to be eligible to work that may solve the problem.
Now before this suggestion creates a HUGE "Dhoom", this is JUST a suggestion. The current political climate does not look like it is going to be easy in any way to put any provisions for Green card increases. Besides if the logic is "Let temporary workers be temporary", this approach fits in with that logic, coz we are not asking for GCs (permanent residency), just more temporary EADs.
bluekayal
10-29 03:18 AM
@alterego
I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!
"I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "
I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!
"I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "