rockstart
03-23 01:05 PM
If you check the video clip of the news the reader mentions it almost at last.
RIP .....
The report does not say that they were not wearing seat belts.
RIP .....
The report does not say that they were not wearing seat belts.
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sundevil
07-05 04:52 PM
You are right. There are days I feel like writing to Durbin, Grassley or Sanders about this practice because few of all the 350K odd BEC LCs are out there for taking by these a**h**s. I have always wished that one day all these approvals get dug out and financials behind them investigated. I wouldn't be too sad to see all these guys behind bars and their GCs revoked.
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Desiguy786
04-02 08:55 PM
First of all, whats' the situation?
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
2011 Jumbo I Love You Heart
kondur_007
09-24 01:30 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
more...
rbalaji5
10-30 07:16 PM
Please post the feedback of Infopass in this thread - After your feedback, I will schedule a infopass appointment to correct the last name on the EAD card as it is not urgent for me.
vivekm1309
01-26 02:57 PM
Exactly, if $ 600 check per tax payer is being talked about to stimulate the economy, as one of measures ...I think it makes sense to push thru our point too ...
I will PM Jansilal as he suggested & meanwhile trying to contact my friends in Wall street to get the contact details for these popular Business journos.
I will PM Jansilal as he suggested & meanwhile trying to contact my friends in Wall street to get the contact details for these popular Business journos.
more...
belmontboy
07-14 09:33 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
hmm... and here i am wondering for last 10 years "why cannot i reuse stamps "
2010 i love you heart drawings
senthil1
04-17 12:03 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.
Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.
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catchagarwal
05-04 05:30 PM
There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.
hair Heart ` I Love You `
abracadabra
07-06 11:19 AM
$300 million loss on July 2nd
more...
scubadude
May 23rd, 2005, 08:00 PM
Canon EOS Digital Rebel, 75-300 1:4.5-5.6
Natural lighting in shade at a high school stadium in early May
Natural lighting in shade at a high school stadium in early May
hot Jan. 13, 2009
kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
more...
house i love you heart images
Ramba
05-19 02:31 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
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pitha
07-11 12:42 PM
all non indian members who sort of complained about Indian coverage in flower campaig should stand up and talk with ndtv, here is your chance to say it is a diverse nations effort and not just indian effort. Either take this chance or please dont complain that this feels like an indian site.
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pictures My Heart is With You / And I
learning01
05-22 12:09 PM
Keep checking every day or if possible atleast 4 times a day. They will release dates suddenly ( I don't know the rhyme or reason). One appointment for a family. You can add additional members right away. But once you pick a date, you CANNOT prepone or postpone. When you select the date of appointment, it will NOT ASK for CONFIRMATION; so please be sure of the date BEFORE HAND. Then you will proceed to type the 3 forms for each person going to the interview. For each person it takes atleast 20 min to fill the forms.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
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lord_labaku
09-21 09:15 PM
If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?
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makeup i love you heart. heart
Anders �stberg
July 18th, 2004, 12:20 PM
I think I already have for birds. ;)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
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purplehazea
05-31 06:14 PM
I'm not trying to give you cause for concern, so please don't take my posting out of context.
Good luck and future success!!
Of course you are!
Good luck and future success!!
Of course you are!
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vbkris77
01-25 05:02 PM
It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
lskreddy
03-12 04:34 PM
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
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