hiralal
06-12 10:33 PM
since we are not having any campaigns to help ourselves ..let us have a campaign to expose the L1 / EB1 visa / GC fraud !!
wallpaper see .. i love you baby .
pri
09-25 06:56 PM
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830
Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.
It appears that DOS does spill-over every quarter.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Here is the snippet from http://immigrationvoice.org/forum/newreply.php?do=newreply&p=966830
Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit.
It appears that DOS does spill-over every quarter.
samay
07-14 06:13 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
2011 would it spell my love
chantu
03-30 02:48 PM
If a Italian citizen controll the major Party of India; why not a Brazilian knows more?:)
Any way I will update soon....
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
Any way I will update soon....
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
more...
Openarms
10-29 04:46 PM
This is one of the dumbest idea ever discovered in this forum.
gcsucks
09-29 04:45 PM
You have to live two years in Canada in order to get your Canadian
Citizenship.
correction. 3 years
Citizenship.
correction. 3 years
more...
gc28262
01-16 06:14 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
2010 I was born to tell you i love
DallasBlue
07-03 07:52 PM
primetime@abcnews.go.com; 2020@abcnews.go.com thisweek@abcnews.go.com ; nightline@abcnews.go.com ; tmoran@abcnews.go.com ; 60m@cbsnews.com ; arooney@cbsnews.com
just now sent emails to the above, Request you all to do the same to bring their attention.
just now sent emails to the above, Request you all to do the same to bring their attention.
more...
Jerrome
05-13 09:53 AM
@venetian:
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
I was not responding to the Sri Lankan issue - please don't read it as such. As I said, my comment was tangential to the discussion thread. I was just writing about my observation of the behavior and attitude of Tamils in general in India.
@jerrome:
Your point about MGR/Jayalalitha/Rajanikanth just proves my point. These people migrated to Tamil Nadu, made it their home and 'assimilated' by learning Tamil and considering themselves Tamil and showing their love for Tamil - they did not become famous in TN by propagating Telugu/Malayalam/Kannada. Now, if only you could provide some examples of the other way around - Tamils who migrated elsewhere and who made the host cultures proud. Can you?
There definitely are Telugu/Malayalam/Kannada natives in TN - but without exception, they have 'Tamilized' themselves to a great extent to live a normal life. Is the converse true?
President of Singapore and people living in Singapore. I can go on with the list.
Can i ask simple question to you. what language you speak at home, which temple you are going in US?
Let us say after 25 years US is demolishing all the hindu,gurduars and asking everyone to convert to christianity. what will you do? Do you want to mingle into local culture.
If someone is coming to your home and asking you to eat different food and speak different language and workship different god what will you do? This applies to even a state and to a country?
Don't talk like a fool preaching immigrants should mingle with the country culture. We are not talking about immigrants here, Native Tamils in SL.
Tamil people migrated to WestIndies,Fiji, Malay,USA everywhere they are living peacefully, because they have adopted to their immigrated country.
I really don't know what is the point you are trying to make.
hair i love you, james brown,
hopefulgc
02-13 07:39 PM
this is an out of the box thinking .. deserves consideration.
Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.
Any thoughs or counter arguments?
Why should we give big bucks to big names? Instead we can pay 50% to 75% of that to a bunch of fresh law school grads from Harvard or some other top law school and see what they can do?
This way we would help young talent and also give them a platform to get their name in the front and at the same time we are not under cutting on their fees. Saving money but cutting unnecessary cost is the name of the game.
Any thoughs or counter arguments?
more...
gc4me
02-14 08:22 AM
Guys/Gals,
Looks like endless discussion is going on here..
I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
Please send me PM if you agree with my view and want to go forward.
Looks like endless discussion is going on here..
I think that USCIS has done some injustice with EB3 ROW. And I would like to talk to an attorney about the possibilities to sue the USCIS about this. I need some people with me so that we can better explain our issues and form a group to ease the process.
Please send me PM if you agree with my view and want to go forward.
hot mi nenita i love you baby
logiclife
06-28 07:25 PM
can you name this firm please?
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
Also, anyone using Murthy/rajiv Khanna might want to ping them and get their thoughts on this. Dont know if it matters, consensus now is that dates can go back mid-month and USCIS can also stop accepting applications.
Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
Sometimes I wonder what are we paying them for if we have to send them URL from AILA about various memos and directives? Isnt it a part of job description to keep an eye out on what's going on at USCIS ? It is available on websites for the whole world to see after all. I wonder how efficient these lawyers were when Internet didnt exist and everything was thru phones and postal services.
And ever since the dates got current for the whole world in July, lawyers are snapping back when you email/call them as if its our fault that dates suddenly became current for the whole world ? If its too much burden, then maybe its time to look for some other profession. No one is putting a gun on your head saying : "Be an immigration lawyer".
more...
house quot;I love you.
whitecollarslave
02-12 01:11 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
How can we find out if EB provisions are there?
tattoo You should avoid drawing
munnashi
10-28 04:19 PM
Please read this news on New media about the immigration and housing crising
here is the link
http://www.buffalonews.com/149/story/476302.html
here is the link
http://www.buffalonews.com/149/story/476302.html
more...
pictures Team 7 Emo to MCRfrea.
sk2006
04-01 12:02 PM
Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.
You Idiot,
When you keep updating this thread it keeps coming on top.
I ignored it for a few days and finally clicked to see what the Fuck is going on here.
Now it seems even moderators are joining this madness.
If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!
It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..
No wonder NumbersUSA etc are succeding..
Pappu,
Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.
You Idiot,
When you keep updating this thread it keeps coming on top.
I ignored it for a few days and finally clicked to see what the Fuck is going on here.
Now it seems even moderators are joining this madness.
If infighting keeps continuing on this forum and you keep discussing non-immigration related topics here, you will never get your green card. FOCUS!
It is strange that you all want green card so that you live in USA but pretend to be SOOOOOOOOOOOOOOO concerned about Prime Minister of India and then start blaming each other..
No wonder NumbersUSA etc are succeding..
Pappu,
Please remove my profile and user ID from the system. I can't be part of these morons. I shall get my GC when I shall have to get it. I am not here to discuss non-GC related issues. There are many more forums to do that.
dresses OMG i cant stop blushing thank
krishnam70
07-12 02:41 PM
I was looking at the web site and I noticed that most of those stories can be special and unique cases and there is no research or studies to back up the claims in notcanada.com. This makes me think maybe this web site is sponsored by people in Canada who wants to stop legal immigration to their country by publishing in the web site these stories. Some of these stories happen to all immigrants in all countries: in Europe, US, Australia, Gulf countries, etc.. .and maybe Canada too but thy are not specific to canada. if you go to any countries with high immigrants number, you will see cases of people who failed to succeed but it doesn't mean that all the cases are like that.
so before you believe the stories in notcanada.com think about the people who sponsor the web site and their agenda, maybe they just want to scare immigrants away from coming to Canada. Maybe they are just nationalists who don't like immigrants and there are a lot of those in so called developed countries.
This just a thought to consider.
Hassan
It is a fact and I have friends who have been in similar situations, there has been a public outcry by immigrants to canada that they are being treated like 3 class citizens and do not get jobs in their chosen fields but end up as working low paid jobs and are struck. I am not sure about the how much this has changed in the last 2 yrs but it was the situation 2 yrs ago and prompted me to reconsider going back there when its obsolutely necessary. I now heard from some friends IT is picking up again so its probably ok to go there.
BTW its taking anywhere between 52-65 weeks to get Canadian PR now. They process ur initial application after 52 weeks only and any time taken on top of it is extra..
cheers
so before you believe the stories in notcanada.com think about the people who sponsor the web site and their agenda, maybe they just want to scare immigrants away from coming to Canada. Maybe they are just nationalists who don't like immigrants and there are a lot of those in so called developed countries.
This just a thought to consider.
Hassan
It is a fact and I have friends who have been in similar situations, there has been a public outcry by immigrants to canada that they are being treated like 3 class citizens and do not get jobs in their chosen fields but end up as working low paid jobs and are struck. I am not sure about the how much this has changed in the last 2 yrs but it was the situation 2 yrs ago and prompted me to reconsider going back there when its obsolutely necessary. I now heard from some friends IT is picking up again so its probably ok to go there.
BTW its taking anywhere between 52-65 weeks to get Canadian PR now. They process ur initial application after 52 weeks only and any time taken on top of it is extra..
cheers
more...
makeup i love you this much aby.
EndlessWait
06-28 03:48 PM
I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
:D
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
:D
girlfriend cute aby animals - Emo Puppy
lazycis
12-13 01:07 PM
Here is what the Supreme Court said:
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
http://supreme.justia.com/us/426/67/case.html
"The fact that all persons, aliens and citizens alike, are protected by the Due Process Clause does not lead to the further conclusion that all aliens are entitled to enjoy all the advantages of citizenship or, indeed, to the conclusion that all aliens must be placed in a single homogeneous legal classification. For a host of constitutional and statutory provisions rest on the premise that a legitimate distinction between citizens and aliens may justify attributes and benefits for one class not accorded to the other; and the class of aliens is itself a heterogeneous multitude of persons with a wide-ranging variety of ties to this country.
In the exercise of its broad power over naturalization and immigration, Congress regularly makes rules that would be unacceptable if applied to citizens. The exclusion of aliens and the reservation of the power to deport have no permissible counterpart in the Federal Government's power to regulate the conduct of its own citizenry. The fact that an Act of Congress treats aliens differently from citizens does not in itself imply that such disparate treatment is "invidious."
...
The real question presented by this case is not whether discrimination between citizens and aliens is permissible; rather, it is whether the statutory discrimination within the class of aliens - allowing benefits to some aliens but not to others - is permissible."
The SC concluded that the statutory discrimination within the class of aliens is permissible.
hairstyles I love you like an Emo kid
JazzByTheBay
12-13 05:53 PM
The Visa Lottery (which afaik has been discontinued... )???
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
jazz
This problem has arisen out of a desire for the labor but not wishing to give the immigration benefits due to concerns which are not always convenient or comfortable to state.
If H1b was also a quota system, this would all be a moot discussion. Since it is not, and we have an unlimited L1 program we have this situation.
A few points are truly ridiculous. Anguilla with its 5K citizens has the same quota as India or China? How does that promote diversity. If every Anguillan applied in EB their quota would not get filled. Yet India has more diversity of religion, language, caste and virtually anything else you can imagine except perhaps ethnicity, arguably it has more diversity than Europe.
The worst insult in my view is EB immigration being quota based in a so called meritocracy. Either you are a meritocracy or you are not. If you want to promote diversity, then you can do so in FB or diversity category or something like that. If you really want to promote diversity then, you can argue this country already has enough people of northern European, German, Irish, Italian ancestry etc.
Which brings me to the main point, which is that it may be inconvenient, and it may be uncomfortable to say, but immigration(of all types) has, does and perhaps for the foreseeable future will have racial undertones.
A constitutional challenge will invariably run into the issue of aliens not having the same rights as citizens since no other argument can realistically hold any sway.
sdrblr
06-01 10:37 PM
I do not agree ,
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
buddy, you are paying for somebody else now :D. By the time most of us are eligible, there will be no SSN as it will be bankrupt soon :cool:
They should not deduct SS/Medicare taxes, If i am not eligible for it.
So basically you pay for a CAR , and you dont get the delivery.. What do you do??
We have been trying for the recapture. And i see no success, or even close to sucess.
A good lawyer, can prove that the country quota is a racial discrimination or is unconstiitutional.
I may be wrong , and this is just my opinion.
buddy, you are paying for somebody else now :D. By the time most of us are eligible, there will be no SSN as it will be bankrupt soon :cool:
jhaalaa
01-13 02:49 PM
When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.
AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -
A. Folks who work directly for the H1 sponsors are OK.
B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.
It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.
Best Wishes for all
