Sunday, July 3, 2011

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  • GCNaseeb
    08-02 04:00 PM
    Welcome back and Thanks very much for your valuable suggestions.

    I have an important question for you and would request your suggestion:

    Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.

    Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.

    What would be my best option to take decision?

    1. Should I :
    a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
    b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?

    2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?

    The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.

    What do you suggest to help both me and my employer?

    Thanks a lot for your valuabale suggestion and helping me out.




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  • unitednations
    03-25 11:58 AM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."


    If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.

    Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.

    In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.

    USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.

    As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.




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  • rajmirk
    05-24 08:17 PM
    Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............

    I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.

    -R




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  • jung.lee
    04-09 12:51 PM
    Being an energy saving geek, I also recommend buying something with a large south facing roof (for lots of solar panels).

    Mark, I looked at the pics of the roof of your house. Nice work. Being a little bit of an energy saving geek myself, and this being Earth Day month and all, do you mind sharing some details on the solar panel roofing project?


    What brand of panels did you purchase and where?
    What is the price per square foot raw material, and with installation? Did you use a specialized installer, or a regular roofing contractor?
    What is the total area (ft-squared or m-squared) of the panels?
    What is the energy generated by the panels (I am guessing something in kWH/m-squared)?


    Last but not the least, how the heck did you get snow to stay away from the panels, when it is clearly visible on other roofing tiles at the edges of the roof:)? Is this a property of the panels' surface (smoothness of surface - like glass)?

    Also, hate to dump out here - how about some details the geo-thermal system? (I admit that I know nothing about them, expect for the basic underground heat exchange concept. I did not know that a compact residential system was available).

    Thanks for sharing!



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  • diptam
    08-05 02:15 PM
    You are probably talking about a thin % of peoples - this is a lame argument for most of the Eb3 folks who can and want to port to Eb2 legally.

    Let me give you my case. I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.

    By the way I've seen the horrors of Labor Sub , I've suffered BEC cold storages for years,now I'm struggling with my Eb3 140 for 15 months at NSC and after all that if i port to EB2 and get my 485 quickly - what Problem you have or what's wrong in that ?

    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:




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  • akred
    04-08 08:02 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -

    1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.

    2. Prohibition of consulting due to prohibition of outplacement.

    3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.



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  • GC_Applicant
    04-08 11:44 PM
    Not that I am going to buy right now., but want to get my home work done.

    Can anybody suggest some good guidelines for mortgage financing., like FHA loans (if I-485 applicant can qualify) and good lenders.

    Thanks for all the great info.




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  • wellwishergc
    07-11 11:27 AM
    Is your GC approved now?



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  • Ramba
    09-26 03:24 PM
    Employment based GC will exist whoever wins. CIR or any other reform that increses number of immigrants per year (legal/illegal/ammnisity/point system/high skilled/low skilled) may not be possible in new administration (BO/Mcsamebush), unless economy bounce back. Immigration is tiny bit of the big problem facing this country. If the current economny lead to depression/recession what is the use of having GC/USC?

    Both are politicans their first ambittion is the office. Country first is simply bull. However, I think BO, is the right choice at this momnet. as atleast he is having professional approch in every problem. He is having little bit socialism. I think economy will boucnce back in BO admin, which is the important issue at this point.




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  • redcard
    03-23 05:20 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.

    Here is the document which clearly states for lawful status into US.

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf


    You should be good incase you meet the requirement,



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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.




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  • abracadabra102
    01-06 07:21 PM
    The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.

    You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.

    British essentially turned over the issue to UN and pulled out of that region after second world war. As a conquering nation, Britain will certainly get some blame for almost all world issues of 20th century (like Indo-Pakistan division and aftermath).

    In fact there was Israeli Irgun which was more like Hamas during formation of Israel. These activities stopped once state of Israel is formed. Perhaps same thing might have happened with Palestine as well. Isreal was willing to yield some areas for palestine state and Jordan, Syria and Egypt could have easily given up some of the land if there is any shortfall. Instead they drummed up Palestine passions and in the end grabbed some of Palestine land rendering them homeless. It is a tragedy that Palestines are now living like refugees in their homeland.

    Bill Clinton tried real hard to settle this issue and the Israeli prime minister at the time virtually sacrificed his political career with that agreement. Arab countries should have talked sense into Arafat and probably should have given up some of their land for a lasting peace. But that was the last thing on their agenda.



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  • django.stone
    06-26 07:18 PM
    i completely agree with you. i follow exactly the same logic by puddonhead and in fact i place a high $ value on flexibility (X) and very low $ on lost savings (Y), as i am very disciplined in saving the extra income which makes it even harder for rent to exceed interest + tax + insurance + hoa + maintenance fees. so i am on this forum to get my GC and escape the hell out of bay area to a place where normal people can lead a happy life




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  • gimme_GC2006
    03-23 11:48 PM
    Whoa... This is nasty. Asking for documents is one thing, but this is downright scary. The more the documents they ask for more are the chances they can find something wrong.

    Hire a good attorney and respond thru Attorney. Good luck with everything and keep us updated. I am really interested in the outcome. Hopefully they will give you what you want.

    yea..it looks scary..
    hey but I have decided not hire an attorney..just dont want to waste another grand on GC anymore.

    I will send whatever I can just tell them that I dont have contracts with client 'coz I am not expected to have them since its between employer and client.

    And will see how it goes..hopefully officer will understand it.

    But thanks to all of you..I will post here if anything useful happens or this might just end up as we need your latest finger prints. :cool:



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  • ArkBird
    01-06 05:26 PM
    Tomplate,
    I am not angry or anything. I am just sitting quitely, surfing net and enjoying my evening coffee.

    But i was so shocked when i read about school bombing and innocent school kids being murdered within seconds.

    If you have kids then you will realize how hard it is to loose kids. Kids are innocent and wonderful thing, but these murderers are not sparing even kids.

    So called peace loving nations and so called peace loving leaders and sitting and watching this massacre quitely. Thats what hurts me most.


    Egypt sent 62 Ambulance to evacuate sick and ills from the hospital of Gaza and Hamas didn't allow anyone to leave. Why?




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  • mbawa2574
    05-28 08:21 AM
    I think Indian Governernment should report this to WTO. America is creating conditions that are discriminatory and not business friendly. India should start cutting wings of American Companies selling goods in India. IT is our product and in case US people have problems with IT professionals from outside, they don't have any right to sell the goods to my people.



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  • CreatedToday
    01-06 04:31 PM
    If this senior Hamas leader could send his son as a suicide bomber to kill innocent civilians in Israel, what stops him from using others' kids as shield?
    :confused:
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.




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  • nogc_noproblem
    08-05 01:35 PM
    A guy in a bar was talking about how he always watched his wedding video backwards.

    When asked why, he replied:

    "Coz I love the end bit where she takes the ring off her finger, goes back down the aisle, and jumps in the car and disappears..."




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  • willwin
    07-13 04:05 PM
    Go ahead do it..... send a badly written letter.
    The content of the letter does not read like it was written by a college graduate - at least seek help with writing a professional letter, it sounds very archaic ! Bad expression, poor grammar, poor reasoning, unreadable.

    The letter will fare better if it is at least readable.

    I'm in EB2 but i will continue to help in IV efforts, and contribute $$ when i can for all efforts EB2 or EB3. I understand the pain of EB3 applicants, so do several (most) others.
    Your posts like ".....crying like little babies...." will not help......

    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.




    another one
    12-17 04:03 PM
    I agree with you ..Antulay is complete filth.

    But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..

    http://indianarmy.nic.in/career.html


    This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!

    Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.

    Times Of India Headline: Antulay raises doubts over Karkare's killing




    pointlesswait
    01-06 01:28 PM
    violence is a two way sword..

    its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.

    i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
    I support that palestinians be given their right to self rule.. but they should learn to live and let live..

    so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?

    grow up.. kid..


    Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?



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