KanME
07-19 04:36 PM
Great Idea..how can this be done without being a tax liability for Aman?
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wikipedia_fan
06-01 10:21 PM
Congratulations. I wish you never had to go through all these.
I wished the same - but as long as our petitions are sill pendng anything can happen :)
I wished the same - but as long as our petitions are sill pendng anything can happen :)
immique
06-11 10:50 PM
I disagree with the earlier comment. I don't agree that any one(including EB3) lost due to July 2007 visa bulletin. sure it was haphazard by the way it was handled, but thousands of well qualified applicants from many retrogressed countries had a chance to file their I 485 and were able to obtain well deserved benefits like EAD, AP or themselves and their dependants which thy have been denied for many yearsdue to the inefficient processing of various agencies. people have to realize that all of us are in the same boat and most of the people getting unfair treatment are from the retrogressed countries waiting for their green cards for 8-9 years
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neoklaus
01-30 08:22 PM
Just voted for both QQ.
Never realized that being a part of IV community not only business but a lot of fun!:)
Go IV!
Never realized that being a part of IV community not only business but a lot of fun!:)
Go IV!
more...
EkAurAaya
05-25 02:41 PM
This si for Akp
What's up buddy. This si your first post. What have u been doing all this time?
We are paying taxes along with SSN taxes. We have rt to ask or to bash this system.
well said... and key point is we are bashing (if that's what you want to call it) the system (we are part of the system) not Americans...
Lot of people fail or choose not to see that.
What's up buddy. This si your first post. What have u been doing all this time?
We are paying taxes along with SSN taxes. We have rt to ask or to bash this system.
well said... and key point is we are bashing (if that's what you want to call it) the system (we are part of the system) not Americans...
Lot of people fail or choose not to see that.
gc28262
01-28 04:39 PM
I didn't find where in the PDF AILA is saying the definition is illegal!
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).
Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?
AILA Memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf)
Page 3
The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.
desi3933,
Please refer AILA memo (http://www.laborimmigration.com/wp-content/uploads/2010/01/AILA-Memo-Seeking-Revokation-of-Neufeld-Memorandum.pdf) as they have already detailed the law points in it.
Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.
more...
immi_enthu
04-20 02:34 PM
Received soft lud today on dependent's 485. Will update if anything else happens in the coming days..
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pd_recapturing
04-27 12:36 AM
It seems that Indian govt cant do much to raise this issue in WTO.
http://business.rediff.com/report/2009/apr/27/india-can-do-little-on-us-visa-proposal.htm
http://business.rediff.com/report/2009/apr/27/india-can-do-little-on-us-visa-proposal.htm
more...
nik.patelc
04-08 04:04 PM
Yes status has been changed to : Current Status: Request for Additional Evidence Sent.
There is no information about RFE.
Also SOFT LUD on April 6 after RFE update on April 3. I wonder why they would update my cases twice in 3 days.
Anyone can know what could it be?
There is no information about RFE.
Also SOFT LUD on April 6 after RFE update on April 3. I wonder why they would update my cases twice in 3 days.
Anyone can know what could it be?
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WaldenPond
11-13 04:11 PM
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
Hello anurakt,
Thank for contributing again to IV. You and other members like yourself would be the reason for IVs success in changing the flawed green card system.
Thank you for encouraging other IV members for contributing. As you know, this is very important and more amongst us should encourage our fellow IV members to contribute. Often times it is evident that few IV members are struggling to keep a positive tone on the forums. As you may have experienced, it is easy to post few messages here and there. The message of some of these posts is to throw out ideas for others to implement. But in the end, the success of our community will depend on the contribution from kind members like you. Thank You.
Regards,
WaldenPond
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
Hello anurakt,
Thank for contributing again to IV. You and other members like yourself would be the reason for IVs success in changing the flawed green card system.
Thank you for encouraging other IV members for contributing. As you know, this is very important and more amongst us should encourage our fellow IV members to contribute. Often times it is evident that few IV members are struggling to keep a positive tone on the forums. As you may have experienced, it is easy to post few messages here and there. The message of some of these posts is to throw out ideas for others to implement. But in the end, the success of our community will depend on the contribution from kind members like you. Thank You.
Regards,
WaldenPond
more...
anilsal
11-15 02:41 PM
Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.
This is one place where wrong information is provided.
http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm
This is one place where wrong information is provided.
http://www.zazona.com/ShameH1B/Library/Archives/SaveSS.htm
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starscream
09-17 12:37 PM
does anyone kknow who is the chairman(woman) of the judiciary commitee ???
more...
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Miya Maqbool
01-31 05:51 PM
Just voted ^^^^^^^
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gc28262
01-28 05:15 PM
Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?
Here is the pdf link again
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/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
Referring to the document.
1. AAO is under USCIS ( I assume )
2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.
Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.
Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.
Anyways let us wait and see.
Here is the pdf link again
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/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
Referring to the document.
1. AAO is under USCIS ( I assume )
2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.
Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.
Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.
Anyways let us wait and see.
more...
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willwin
09-17 01:48 PM
Not so fast...the bill language clearly indicates that the provisions of this bill will take effect from the first fiscal day of the new fiscal year after this bill becomes an act...so unless this bill is voted by the house and senate and then signed by the President before September 30th, we will not be seeing any benefit until the fiscal year starting October 1st, 2009. After the September session, Congress will convene again in November/December timeframe for a short session. If the bill does not get passed then, then come next January, it will be starting the process all over again as it will be a new year for the Congress. Just like green cards, Congress does not carry over bills from one year to the next.
The effective date could be one of the amendments .... it is changeable.
The effective date could be one of the amendments .... it is changeable.
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breddy2000
07-19 03:30 PM
Just a suggestion, sooner or later that's the way it should be. No offense taken.
This has been requested earlier.
But pls understand that if IV is transparent in its lobbying power , this might be an indication to our opponents to raise their funding drive.
Its all about Money in US and its lobbying power, hence it is not going to help in anyway for us.
As far as I know, no other anti-immigration orgnanization is transparent in their funding power.
"Our Strength Lies In Our Affordability To Contribute". This should help us bring success.....
This has been requested earlier.
But pls understand that if IV is transparent in its lobbying power , this might be an indication to our opponents to raise their funding drive.
Its all about Money in US and its lobbying power, hence it is not going to help in anyway for us.
As far as I know, no other anti-immigration orgnanization is transparent in their funding power.
"Our Strength Lies In Our Affordability To Contribute". This should help us bring success.....
more...
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chunk
06-04 07:03 PM
My iPod, named, rPod. (rastaPod).
http://img113.echo.cx/img113/224/rpod2qt.jpg (http://www.imageshack.us)
http://img113.echo.cx/img113/224/rpod2qt.jpg (http://www.imageshack.us)
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she81
01-31 01:49 PM
Please read and vote cautiously as another illegal immigration related clause is at number 5
Whoa, the question is up at number 3 now!
Thanks syzygy but I think I can discern that much.
Whoa, the question is up at number 3 now!
Thanks syzygy but I think I can discern that much.
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paskal
07-17 08:39 PM
Thanks for the response PASCAL. However I still do not understand why IV is not encouraging everyone to send faxes and register their support via the AILA site. As I have understood AILA has been a leader in this effort for immigration {see July 2007}. If you are trying to say that the interests of AILA and IV are not exactly the same - that is to be expected - no 2 organizations can ever be the same - BUT - surely we can come together to form and pursue some strategic interests. I see that with regard to these bills IV and AILA interests meet. Further if readers @ IV send messages via AILA Action Alert then IV resources can be saved to follow the path that you have described above.
Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.
Regards!
Raji
Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!
Finally, the bill may be a placeholder or position statement, but in the end we need to demonstrate the numbers - highlighting this bill may eventually lead to some worthwhile convergence in the CIR - I think no opportunity need be lost in this process and the more we highlight our position and condition the more visibility we get.
Regards!
Raji
Sorry you do not understand- I really cannot do better right now. Sometimes you just have to accept things! It's not that we do not coordinate or associate with AILA. We do.
The issue here is very specific, both pappu and I have told you what we think and attempted to explain why we do not want to invest resources in a specific action you suggested. Given that I can't spend the hours needed to explain the last few years of work and experience on this issue, I doubt this discussion will go anywhere. Feel free to send the fax. Just accept that we are not going to promote this as a mass action right now for many reasons. Peace!
ash0210
03-10 07:51 PM
Yes...The REAL POWER of this organization will lie in its state chapters..
I called local Senator & his office was sympathetic towords problems of "Legal" immigration & stagnation of GC process for India & China..
Look in diffrent angle, instead of calling Senators office, if bunch of 10 state chapter guys visit local senators office, it will carru lot of weight...
By the way, any local chapter for Ohio? Is it in - Cincinati, Cleveland or Columbus?
Please realize that
b) The REAL POWER of this organization will lie in its state chapters. Trust me. If you sit with ten people you know, and talk about these issues, and resolve to do something about the situation, and come up with an action plan and an operating mechanism, that will be where the strength of IV lies.
I called local Senator & his office was sympathetic towords problems of "Legal" immigration & stagnation of GC process for India & China..
Look in diffrent angle, instead of calling Senators office, if bunch of 10 state chapter guys visit local senators office, it will carru lot of weight...
By the way, any local chapter for Ohio? Is it in - Cincinati, Cleveland or Columbus?
Please realize that
b) The REAL POWER of this organization will lie in its state chapters. Trust me. If you sit with ten people you know, and talk about these issues, and resolve to do something about the situation, and come up with an action plan and an operating mechanism, that will be where the strength of IV lies.
larun
07-15 08:35 PM
Signed
Signed
Signed