gcformeornot
07-02 07:53 AM
leave my indian employer soon. they are saying they have 90 days notice period.... which was set from india. I work in ohio which has "employment at will" law... I am not going to serve the full notice period..... but if they deduct any money..... I am going fight like hell.... planning to complain to DOL and state govt office......I will keep updated on what happens....
wallpaper Google Earth screen shot of a
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.
p1234
10-04 06:22 PM
It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
2011 in his Sri Lankan home (NY
santb1975
01-30 08:49 PM
of the Most popular
more...
saimrathi
07-17 09:55 PM
Since Visa numbers trickle down, the more visa numbers there are available, the more will trickle down to countries with high demand... recapturing visa numbers might be easier than taking a poke at per country limit.. IMHO...
Recapturing lost numbers is not a permanent solution. Per country limit 7% is ridiculous. We need to make sure we are not discriminated against by the per country limit. Its not my fault that someone from Europe doesnt want to come here and not so many from Africa or south america qualify for the EB visas.
Recapturing lost numbers is not a permanent solution. Per country limit 7% is ridiculous. We need to make sure we are not discriminated against by the per country limit. Its not my fault that someone from Europe doesnt want to come here and not so many from Africa or south america qualify for the EB visas.
waitingGC
01-31 12:34 PM
What plannet r u from that u donno abt desi companies and LC sell ? myself a human from earth :-)
desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .
desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .
I am not in the IT industry so I have no idea about these Desi companies till today. If they sell EB2 LC for 20k USD, how come there are still so many people waiting instead of buying a GC?
desi companies r indian companies and they sell LC openly , Eb2 pre approved labor has a rate approx 20k USD .
desi companies sell H1b also , u pay money and they will get it for u , see sulekha.com for example .
I am not in the IT industry so I have no idea about these Desi companies till today. If they sell EB2 LC for 20k USD, how come there are still so many people waiting instead of buying a GC?
more...
prioritydate
08-13 06:24 PM
Boy! you thinking every EB2 is masters and every EB3 is bachelors?
Never visited IV? Thank you
First and last post in IV? Once again, thank you
Never contributed or will not contribute? We are not begging you to contribute. So chill Doc.
Next time you decide to tickle your tonsils with your toe-nail make sure you have your facts right.
Let us start a fund for this guy's ticket back-home.
This is funny. You made me laugh
<Next time you decide to tickle your tonsils with your toe-nail make sure you have your facts right.>
Never visited IV? Thank you
First and last post in IV? Once again, thank you
Never contributed or will not contribute? We are not begging you to contribute. So chill Doc.
Next time you decide to tickle your tonsils with your toe-nail make sure you have your facts right.
Let us start a fund for this guy's ticket back-home.
This is funny. You made me laugh
<Next time you decide to tickle your tonsils with your toe-nail make sure you have your facts right.>
2010 Kumar Sangakkara - Sri Lanka v
gk_2000
04-22 06:35 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)
IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations
Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?
Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)
IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion
Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations
Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?
more...
B3NKobe
06-04 10:41 PM
@Unchew: Love it mate :D:D!!
hair came from Sri Lanka and
smisachu
07-30 02:36 PM
SLV profile in yahoo mentions it tries to hold instruments to match SLV performance.
GLD claims physical gold holding in their profile. There is not holding detail on yahoo finance.
It will be interesting to dig into their actual portfolio holdings. But I agree that these are probably the closest instruments on gold and silver price play.
Both these ETF's have huge loop holes that are well known in the pro circles. The very question that they are holding physical gold or silver is highly questionable considering the market cap of these ETF's. There is risk that they will not perform like the underlying at all.
The custodians of SLV is JPM who usually has a huge short position on Colmex silver and GLD is HSBC who has a huge short position on gold. Read this article for more info.
Are GLD and SLV Legitimate Investment Vehicles? -- Seeking Alpha (http://seekingalpha.com/article/149209-are-gld-and-slv-legitimate-investment-vehicles)
Again this goes to my point that trading commodities is not as straight forward as it seems even in plain and easy instruments.
GLD claims physical gold holding in their profile. There is not holding detail on yahoo finance.
It will be interesting to dig into their actual portfolio holdings. But I agree that these are probably the closest instruments on gold and silver price play.
Both these ETF's have huge loop holes that are well known in the pro circles. The very question that they are holding physical gold or silver is highly questionable considering the market cap of these ETF's. There is risk that they will not perform like the underlying at all.
The custodians of SLV is JPM who usually has a huge short position on Colmex silver and GLD is HSBC who has a huge short position on gold. Read this article for more info.
Are GLD and SLV Legitimate Investment Vehicles? -- Seeking Alpha (http://seekingalpha.com/article/149209-are-gld-and-slv-legitimate-investment-vehicles)
Again this goes to my point that trading commodities is not as straight forward as it seems even in plain and easy instruments.
more...
kshitijnt
05-12 04:54 PM
USA has a right to choose who they give green card to but not fool Indian people by swinging visa bulletin by 4 years every now and then. Not by discriminating. There should be some transparency to the process and law should be followed. If USA makes a law that Indians wont get GC in EB, I am happy to note. Can they remove their gloves?
hot COLOMBO, SRI LANKA: Lasith
never_giveup
09-17 12:01 PM
Just for the clarification of some of our friends (corrections are welcome) -
The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.
There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.
And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.
Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.
The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.
There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.
And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.
Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.
more...
house about google earth live
arkrish68
04-15 02:24 PM
does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...
tattoo viewable in Google Earth
chanukya
02-06 10:37 AM
Though they run for non-profit.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
School is non-profit organization that is exempt from H1B quota. Correct me if I am wrong.
You can get H1B at any time if school is exempt from H1B quota.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
School is non-profit organization that is exempt from H1B quota. Correct me if I am wrong.
You can get H1B at any time if school is exempt from H1B quota.
more...
pictures Thanks to Google Earth and
pbojja
10-03 11:38 AM
^^
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
Ok here is my question how come all EB3 are "body shopped consulants" and what are EB2 ? "High profiled consulatants" ? I want to know what is gctest ?
there is nothing wrong in expressing but taking a category and calling them body shoped is not the right way to express ...
you think you are having a logical and polite conversation - thats the ignorance part .
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
Ok here is my question how come all EB3 are "body shopped consulants" and what are EB2 ? "High profiled consulatants" ? I want to know what is gctest ?
there is nothing wrong in expressing but taking a category and calling them body shoped is not the right way to express ...
you think you are having a logical and polite conversation - thats the ignorance part .
dresses shore of Sri Lanka which
deardar
12-11 10:58 AM
No one know what goes in the consulate office but what you can do is call the local vfs office and tell them what happend and ask them to see if the consulate has handed out ur PP to the couriour company. They might have some information for you.
more...
makeup I think Google Earth is one of
needhelp!
11-28 02:14 PM
Its eastern time zone, so I may be able to catch the show towards the end.
http://radiotime.com/station/s_23765/News_Radio_950.aspx
http://radiotime.com/station/s_23765/News_Radio_950.aspx
girlfriend is garbled in Google Earth
a1b2c3
04-30 01:13 PM
My wait time is as long as yours, so I am not thinking about getting ready for citizenship just yet (lot can happen in 5 years). If the USCIS processing times are to be believed, they are supposed to take between 12 and 15 months to decide on a currently filed application (the server seems to be down now, so couldn't verify the latest status). There may be additional time differences depending on where you are located. And knowing how USCIS operates, backlogs are not unheard of (http://www.immigrationpolicy.org/images/File/factcheck/CitizenshipDayFactSheet09-16-08.pdf).
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
Here is a comforting thought - and someone correct me if I am wrong - but unlike the hectic GC process with all the "inequalities" among various EB categories, naturalization process is a level-playing field where your specific skills do not matter. Everyone is considered equal here, whether you have got your GC via EB, FB or even amnesty route. This makes sense too, considering that your value (to this country) as a citizen rests primarily in your voting right, and someone who can cook is just as good to vote as another who writes smart computer codes (no knock on the cook, my wife is a fantastic cook herself). This is why the "priority date" for your citizenship application is set at 5 years (of continuous residency) from the date printed on your PR card, irrespective of your GC category (the wait is 3 years for those with USC spouse). The only condition that permits some arbitrariness in the evaluation process is in establishing a "good moral character", which makes point #6 in my original list important.
This is of 01/09. It takes about 6 months after N-400 is filed and you can apply after 4 years and 9 months.
http://www.uscis.gov/files/article/M-476.pdf
Yes, there will be backlogs but most likely there won't be long waiting lines. It really depends on the number of people filing. There won't be another July 2007.
hairstyles (Get Google Earth here).
sriramkalyan
12-01 05:59 PM
Here is a idea :
To start any New Thread , we should check whether post is from monthly recurring payer, if so he gets to start new thread else for each new thread charge $1.
Similarly ...Non paying member/Paying member posts has to be identified with specific tags.
We got to do this change ASAP ..This will be a small change to Code..
To start any New Thread , we should check whether post is from monthly recurring payer, if so he gets to start new thread else for each new thread charge $1.
Similarly ...Non paying member/Paying member posts has to be identified with specific tags.
We got to do this change ASAP ..This will be a small change to Code..
vin13
03-11 12:19 PM
It reminds me this story every time I visit IV.
Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .
After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "
Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."
Good One :D
We should concentrate on taking actions. I believe taking a small step in action is better than talking big.
Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .
After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "
Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."
Good One :D
We should concentrate on taking actions. I believe taking a small step in action is better than talking big.
gimme_GC2006
08-10 08:28 AM
Wooooooooohoooooooooooooo...
I received a sms saying that my case status has been updated (weird they sent it @ 9:25 pm PT). I was like here comes another biometrics appointment... but still let's check the status online. To my surprise and by god's grace, case status was changed to "Card/Document Production" (still cannot believe it). I dunno what triggered this but i did contact my Congressman yesterday. My wife's status has also changed to "decision" - should move to "Card production" soon.
My suggestion to all of you - please don't lose patience and do whatever you can from your end to expedite your case. It's your GC and you've to make sure you get it. Contact I/O, infopass and congressman/senator. Don't expect anything from your lawyers as they only care about money and it is in their best interest to see your case pending (more RFEs, EADs, APs, etc).
Thanks and all the best to all of you out there still waiting for your GC.
congrats!!
That is the exact response I got for my SR.
I have contacted our congressman's office yesterday for help..lets see how it goes.
I gave my 2nd finger prints on july 28th.
So far nothing. :mad:
I received a sms saying that my case status has been updated (weird they sent it @ 9:25 pm PT). I was like here comes another biometrics appointment... but still let's check the status online. To my surprise and by god's grace, case status was changed to "Card/Document Production" (still cannot believe it). I dunno what triggered this but i did contact my Congressman yesterday. My wife's status has also changed to "decision" - should move to "Card production" soon.
My suggestion to all of you - please don't lose patience and do whatever you can from your end to expedite your case. It's your GC and you've to make sure you get it. Contact I/O, infopass and congressman/senator. Don't expect anything from your lawyers as they only care about money and it is in their best interest to see your case pending (more RFEs, EADs, APs, etc).
Thanks and all the best to all of you out there still waiting for your GC.
congrats!!
That is the exact response I got for my SR.
I have contacted our congressman's office yesterday for help..lets see how it goes.
I gave my 2nd finger prints on july 28th.
So far nothing. :mad: