desi3933
01-28 01:52 PM
[From the pdf file]
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
The regulatory definition of "United States employer" requires H-IB employers to have a tax identification number, to employ persons in the United States, and to have an "employer-employee relationship" with the
H-1B "employee." 8 C.F.R. 5 214.2(h)(4)(ii). Accordingly, the term "United States employer" not only requires H-IB employers and employees to have an "employer-employee relationship" as understood by common-law agency doctrine, it imposes additional requirements, thus indicating that the regulations do not indicate an intent to extend the definition beyond "the traditional common law definition." Therefore, in the absence of an intent to impose broader definitions by either Congress or USCIS, the "conventional masterservant relationship as understood by common-law agency doctrine," and the Darden construction test, apply to the terms "employee," "employer-employee relationship," "employed," and "employment" as used in section IOl(a)(l5)(H)(i)(b) of the Act, section 212(n) of the Act, and 8 C.F.R. � 214.2(h). That being said, there are instances in the Act where Congress may have intended a broader application of the term "employer" than what is encompassed in the conventional master-servant relationship. See, e.g., section 214(c)(2)(F) of the Act, 8 U.S.C. 5 1184(c)(2)(F) (referring to "unaffiliated employers" supervising and controlling L-1B intracompany transferees having specialized knowledge); section 274A of the Act, 8 U.S.C. 3 1324a (referring to the employment of unauthorized aliens).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul062009_06D2101.pdf
_________________
Not a legal advice.
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caliguy
09-16 08:41 PM
seekerofpeace - I hope they have not lost my file. I have not been able to get a concrete answer so far as to what is happening with my file.
My attorney had filed 140s for in EB2/EB3 and I hope they have not taken my app and classified it as EB3. We sent the EB2 I-140 with the AOS app so I dont think that would happen but stranger things have happened with USCIS.
Response that I got from the local senator and from what I read in the other thread you created, I think visa numbers are over for 2009 fiscal year. We will now have to wait until October. I dont mind waiting until October, but I want to use the next 15 days doing whatever I can, so atleast in October, I have some chance of getting approved.
Good luck to you, hope everyone who is waiting gets the good news soon.
My attorney had filed 140s for in EB2/EB3 and I hope they have not taken my app and classified it as EB3. We sent the EB2 I-140 with the AOS app so I dont think that would happen but stranger things have happened with USCIS.
Response that I got from the local senator and from what I read in the other thread you created, I think visa numbers are over for 2009 fiscal year. We will now have to wait until October. I dont mind waiting until October, but I want to use the next 15 days doing whatever I can, so atleast in October, I have some chance of getting approved.
Good luck to you, hope everyone who is waiting gets the good news soon.
dpp
11-07 02:14 PM
There is nothing to enforce. If there is any, they would have enforced long back. It is too broad. But increasing fees won't make any sense. They have to correct the law, not imposing higher fees to everyone.
1.Audit the companies that are suspected to abuse the H1B program i.e. enforce the laws that are already in existence.
2.Impose heavy fines on these companies.
3.Use this money to cover the costs of auditing and enforcing the laws.
How will raising the H1B fees for everyone in a blanket fashion address the current "abuses"?
1.Audit the companies that are suspected to abuse the H1B program i.e. enforce the laws that are already in existence.
2.Impose heavy fines on these companies.
3.Use this money to cover the costs of auditing and enforcing the laws.
How will raising the H1B fees for everyone in a blanket fashion address the current "abuses"?
2011 Jonathan Groff
pappu
07-01 09:38 PM
It is sad to say the thread started by one of the senior member on similar lines was closed abruptly for discussion.I know IV's main intension is to help on immigration front but it won't be too different to help other immigrant brothers trapped in situations like this.
Are there any reservations on voicing opinios about this?
gc_freedom
No thread was closed. I just started a new thread with a post from another thread.
Are there any reservations on voicing opinios about this?
gc_freedom
No thread was closed. I just started a new thread with a post from another thread.
more...
sreedhar
11-01 10:48 PM
Your PD is 05/2003... I confidently bet you would not be in a queue for the guys who will go back.:D:D:D. By 4th July 2008 mostly you will be done with this wait hell.. Even if somebody who will be going back wants to track you , you would not be trackable on 4th July 2008.:mad::mad::mad::mad: So please keep patience and help others to maintain the same at least.
Hello BharatPremi...,
Will you please guess when 2004 Sep will come into current....? Just guess. thanks.
Sree
Hello BharatPremi...,
Will you please guess when 2004 Sep will come into current....? Just guess. thanks.
Sree
carbon
09-13 03:42 PM
This might sound weired..but I think we can get some support from Housing Market !
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 300000 (average house price) = 150 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY
Edit/Delete Message
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 300000 (average house price) = 150 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY
Edit/Delete Message
more...
StuckInTheMuck
05-06 10:02 AM
I am have been on /off with my pay roll’s. I am still with my Green card sponsored company.
It’s almost 9 months since i got my GC. At the time of citizenship
How does USCIS verify the length of stay with the petition employer? Are they going to see the pay stubs or Length of the stay or a letter from employer….
plz help me.....
Sorry I missed your question before. My take on your situation is that you are good, and do not worry too much about USCIS's way of doing things. Did your company serve you any temporary suspension/reinstatement notice(s) coinciding with these payroll gaps? If not, and I would guess not (because that would reflect poorly on the company's health), your story means that as per your original employment letter, you have been with your employer continuously for 9 months after GC, and presumably longer (you did not say about any plan of leaving them soon), even though you are not being paid regularly. If anything, such payroll discontinuity should help establish your intention of remaining with your employer despite the hardship, if this issue comes up during citizenship interview. On your part, you should keep a detailed log of the dates you missed payments, in addition to all relevant papers (this goes back to DO item #3 in my list).
On your question about how USCIS verifies the length of stay with GC-sponsoring employer, my guess would be that for simple cases, they probably go by the employment letter or W2 etc. (something that has a single start date, and may/not have an end date). But if there are complicating factors, like your payroll gaps, and if USCIS comes to know about them (e.g. you tell them), they may ask your company to furnish evidence of payment history, such as copies of all relevant pay stubs (a simple letter from your employer may not suffice).
Chin up, please. You have your GC, which already makes you privileged compared to so many deserving folks still waiting long and hard. So, go hit the pub, shoot some pool, smell a rose, call up your fiance(e), take family on a Bahama cruise, tweak your boss's nose, kick some butt, write a(nother) check to IV, or whatever it is that you use as a release mechanism from such unnecessary tension :)
Cheers,
stuck
It’s almost 9 months since i got my GC. At the time of citizenship
How does USCIS verify the length of stay with the petition employer? Are they going to see the pay stubs or Length of the stay or a letter from employer….
plz help me.....
Sorry I missed your question before. My take on your situation is that you are good, and do not worry too much about USCIS's way of doing things. Did your company serve you any temporary suspension/reinstatement notice(s) coinciding with these payroll gaps? If not, and I would guess not (because that would reflect poorly on the company's health), your story means that as per your original employment letter, you have been with your employer continuously for 9 months after GC, and presumably longer (you did not say about any plan of leaving them soon), even though you are not being paid regularly. If anything, such payroll discontinuity should help establish your intention of remaining with your employer despite the hardship, if this issue comes up during citizenship interview. On your part, you should keep a detailed log of the dates you missed payments, in addition to all relevant papers (this goes back to DO item #3 in my list).
On your question about how USCIS verifies the length of stay with GC-sponsoring employer, my guess would be that for simple cases, they probably go by the employment letter or W2 etc. (something that has a single start date, and may/not have an end date). But if there are complicating factors, like your payroll gaps, and if USCIS comes to know about them (e.g. you tell them), they may ask your company to furnish evidence of payment history, such as copies of all relevant pay stubs (a simple letter from your employer may not suffice).
Chin up, please. You have your GC, which already makes you privileged compared to so many deserving folks still waiting long and hard. So, go hit the pub, shoot some pool, smell a rose, call up your fiance(e), take family on a Bahama cruise, tweak your boss's nose, kick some butt, write a(nother) check to IV, or whatever it is that you use as a release mechanism from such unnecessary tension :)
Cheers,
stuck
2010 Jon+groff+zachary+quinto
pani_6
06-17 03:58 PM
Its cheap
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leoindiano
12-02 06:16 PM
Freinds,
got CPO email yesterday, status was post decision activity
today, status changed to notice sent, status moved back to decision
I believe there will be another email with welcome notice?
Nov 2004, EB2-I, Texas
Thanks for all your help.
I tried 3 pronged strategy around nov. 10th, finally case moved
1)Applied for AP renewal
2)wrote to napolitano
3)wrote to ombudsman
got CPO email yesterday, status was post decision activity
today, status changed to notice sent, status moved back to decision
I believe there will be another email with welcome notice?
Nov 2004, EB2-I, Texas
Thanks for all your help.
I tried 3 pronged strategy around nov. 10th, finally case moved
1)Applied for AP renewal
2)wrote to napolitano
3)wrote to ombudsman
hair groff zachary quinto. Posts Tagged #39;Zachary Quinto
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.
more...
mallu
10-11 11:31 PM
Namechecks:
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
Good.
The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
See item (22) .
May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".
IV will be soon posting some updates on this. We have done some ground work on this issue in the recent past and have got positive response. Stronger support from our members, will definitely help us push this agenda item. IV feels that this issue is going to be a big roadblock for a lot of us now, after people have filed their I485s. It is possible to get a much wider bi-partisan support on this issue by us and we are already pursuing it.
Pls. stay tuned on this issue.
Good.
The govt. had announced something : http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
See item (22) .
May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".
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krishmunn
11-22 10:30 AM
I have earlier contacted Atlas to verify if they are registered with any state's Department of Insurance. They did not even reply.
IMO, it is better to buy an Indian Insurance. For American insurance, the only way to make them pay is go to court against them but with Indian Insurance, you can lodge claim with Insurance Ombudsman in India which is fast and effective. The only flip side is, US medical facilities might not recognize Indian insurance (though most Indian insurance collaborate with US insurance for claim processing)
IMO, it is better to buy an Indian Insurance. For American insurance, the only way to make them pay is go to court against them but with Indian Insurance, you can lodge claim with Insurance Ombudsman in India which is fast and effective. The only flip side is, US medical facilities might not recognize Indian insurance (though most Indian insurance collaborate with US insurance for claim processing)
more...
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kbsyed61
03-30 01:53 PM
There was another LUD for all three of us (Self, Wife and daughter). Also received a CRIS email for wife with an RFE. I hope this RFE is about her incomplete vaccination at the time of filing. Will post the RFE details when I receive them from attorney.
I have not done anything like applying for EAD, AP etc.
I have not done anything like applying for EAD, AP etc.
tattoo groff zachary quinto. zachary-quinto-image; zachary-quinto-image
puddonhead
07-30 08:51 AM
Hello IVians,
As we all await our GCs, I thot we can explore some investment vehicles.
Does anyone here have experience with commodity trading?
Can we trade in commodities on H1 or L1 status?
Is it too risky like forex trading?
Who are the online brokers offer commodity trading?
Is there a minimum account balance / trade required every month or so?
Pls share your experience. Thanks!
Commodity trading is probably the most "fundamental driven" (as opposed to being driven by chartists) out of all trading activities I have seen. So theoretically, you are at the least disadvantage in commodities market against the big guys if you know your fundamentals right.
However, the very reason there is less technical trading in that market - lack of liquidity - again works against the average Joe. The most liquid of them - the Crude Oil future in Nymex - has a minimum lot size of 10,000 barrels - worth about $60k now. Any smaller sized derivatives (think of miNY futures etc) - come with significant liquidity or transaction cost penalties.
All in all, I personally think that a rational investor should prefer a market with the following criteria:
1. As much liquidity as possible. A liquid market will make stop loss the least painful. If you are a rational investor - stop loss is your lifeline.
Commodities market is not very liquid. The most liquid market in the world is FX - followed by equities.
2. As little special advantages for the big guys as possible.
The worst offender here is FX. Since these things are not traded in a listed exchanges - the big guys don't have to publish anything other than the bid and ask prices. Talk about a transparent price discovery. :confused: . Commodities market - specially the electricity market - used to have a lot of the opacity which benefited the big guys a few years ago. Some of the recent regulations have done away with much of this. I have personally worked on creating some of these so called "Chinese walls" mandated by new regulations.
That's all of my 2 cents. :)
As we all await our GCs, I thot we can explore some investment vehicles.
Does anyone here have experience with commodity trading?
Can we trade in commodities on H1 or L1 status?
Is it too risky like forex trading?
Who are the online brokers offer commodity trading?
Is there a minimum account balance / trade required every month or so?
Pls share your experience. Thanks!
Commodity trading is probably the most "fundamental driven" (as opposed to being driven by chartists) out of all trading activities I have seen. So theoretically, you are at the least disadvantage in commodities market against the big guys if you know your fundamentals right.
However, the very reason there is less technical trading in that market - lack of liquidity - again works against the average Joe. The most liquid of them - the Crude Oil future in Nymex - has a minimum lot size of 10,000 barrels - worth about $60k now. Any smaller sized derivatives (think of miNY futures etc) - come with significant liquidity or transaction cost penalties.
All in all, I personally think that a rational investor should prefer a market with the following criteria:
1. As much liquidity as possible. A liquid market will make stop loss the least painful. If you are a rational investor - stop loss is your lifeline.
Commodities market is not very liquid. The most liquid market in the world is FX - followed by equities.
2. As little special advantages for the big guys as possible.
The worst offender here is FX. Since these things are not traded in a listed exchanges - the big guys don't have to publish anything other than the bid and ask prices. Talk about a transparent price discovery. :confused: . Commodities market - specially the electricity market - used to have a lot of the opacity which benefited the big guys a few years ago. Some of the recent regulations have done away with much of this. I have personally worked on creating some of these so called "Chinese walls" mandated by new regulations.
That's all of my 2 cents. :)
more...
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arunmohan
05-25 03:35 PM
This bill is only for FB. IV has to give some direction on this bill so that we can push to include EB too in the bill.
dresses High Res Zachary Quinto
Bokke
06-22 03:44 PM
Agree to
a lot of them did go against Ben's rules, so I'm going to leave it to him and his discretion. I guess we will just have to wait.
think we should wait a little longer :snooze:
a lot of them did go against Ben's rules, so I'm going to leave it to him and his discretion. I guess we will just have to wait.
think we should wait a little longer :snooze:
more...
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sgorla
01-29 05:04 PM
Well, this should eliminate selling/misuse of labor certifications.
girlfriend groff zachary quinto. Thu Jun 2 ZACHARY QUINTO - Who
Sreeshankar
05-01 04:11 PM
I had soft LUD ON 1-485 primary application yesterday and today
Please could you people kindly post which service center is it - TSC or NSC ?
Thank you very much.
Sree
Please could you people kindly post which service center is it - TSC or NSC ?
Thank you very much.
Sree
hairstyles Zachary Quinto; groff zachary quinto. Angels, Zach Quinto,
virald
01-31 08:10 PM
this particular question has not been selected. If you go to politico.com and select the live, it bring up a pop-up which has questions to choose from, this question has not shown up there.
BTW i voted five times (different machines)
BTW i voted five times (different machines)
swamy
11-19 02:19 PM
I thought SPCL too documented his lies very well. As I said earlier, some people are shameless and lack common decency - it's worse when they have a tv show to boot! They keep repeating discredited theories and lies ad-nauseum until the opposition tires out and gives in
trueguy
06-12 02:32 PM
EB3-I is the worst affected category and nobody even wants to talk about it.
I have been separated from my wife for 2 years and now I am going back and work in India.
I hope Media knows about this reverse brain drain that is reality and actually happening around here.
Thanks.
EB3-I
PD Oct2002
I have been separated from my wife for 2 years and now I am going back and work in India.
I hope Media knows about this reverse brain drain that is reality and actually happening around here.
Thanks.
EB3-I
PD Oct2002
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