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.
wallpaper Lauren Conrad#39;s ex boyfriend
Raju
07-19 11:09 AM
Stop Talking and Act guys. Here are the details of contribution I made today. I have contributed multiple times in the past and will do so in future. I feel ashamed and guilty that my contributions are peanuts compared to Aman's. I hope many more IVers will contibute.
Seller Information: Immigration Voice
donations@immigrationvoice.org
This Payment will appear on your credit card statement as "IMMIGRATION"
Transaction ID: 1***99C5130063R Placed on Jul. 19, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Subtotal: $100.00 USD
Sales Tax: $0.00 USD
Total Amount: $100.00 USD
Seller Information: Immigration Voice
donations@immigrationvoice.org
This Payment will appear on your credit card statement as "IMMIGRATION"
Transaction ID: 1***99C5130063R Placed on Jul. 19, 2007
Payment For Quantity Price
Contributions
Item #Contributions 1 $100.00 USD
Subtotal: $100.00 USD
Sales Tax: $0.00 USD
Total Amount: $100.00 USD
lfgc
12-29 09:28 AM
Techy wont bother us again. Say TA-TA to techy2468.
Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
I know that this guy techy has written some strong stuff all the while...But, if you're banning him for this post...don't think this is right.
His question seemed legitimate.
His arguments may not be well liked...but, he seems to hit the nail hard...that's about it. Remember, life isn't a bed of roses. So, lets learn to take what's hard too.
Good luck.
Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
I know that this guy techy has written some strong stuff all the while...But, if you're banning him for this post...don't think this is right.
His question seemed legitimate.
His arguments may not be well liked...but, he seems to hit the nail hard...that's about it. Remember, life isn't a bed of roses. So, lets learn to take what's hard too.
Good luck.
2011 Jason is no stranger
gjoe
12-03 01:00 PM
The S/N ration can be made >1 by increasing the signal strength.
The noise can be cut off, but in this case the noise is what needs to be amplified and conditioned to make it look like Signal :)
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
The noise can be cut off, but in this case the noise is what needs to be amplified and conditioned to make it look like Signal :)
How do you suggest IV 'forum' improves the Signal-to-Noise ratio?
Right now it's too noisy and is driving away determined members (http://immigrationvoice.org/forum/showthread.php?p=199027#post199027)!
How do you know what I care about and not? I can give some famous examples of GC holders working for IV - Aman Kapoor founder member, Tamsen Mitchell (franklin) leader of South California chapter, and many more.
I may remain active if I feel the cause is worth spending my time, money and effort. Right now, a crowd of 25,000 tracking receipts and discussing mundane issues doesn't give me the confidence to say so. I have better things in life to fight for than a lost cause where the victims (most of them) wait for others to fight for them !
more...
gjoe
01-30 05:05 PM
Let us try to keep the question atleast in the top10 until the poll closes. This is a very good chance to bring our issue to a wide audience.
eb3_nepa
06-07 12:58 PM
I am married too, but i only said that there are other easier paths aswell.
Regarding working late, i am a fulltime employee with H1-B and never came to office before 10:00AM and stayed after 6:00PM and never ever worked weekends. Mine can be an exceptional case, but what iam saying is, your relationship with your manager is important. This can make a lot of difference in your lives.
As long as you deliver what is expected of you, you can even work 4 days a week and get paid for 40 hrs per week.
I don't know, if we are deviating from our main discussion agenda started by LogicLife.
--sri
I think we are deviating. But allow me to say this. The point that logiclife made VERY largely correct. The other point that you made just now is true as well. Your relationship with ur manager sort of defines how well you wud do. But then that makes ur h1b/Gc process "manager specific" ;). Plus you and I are lucky that we dont work long hours like some others, but the average H1B worker does. Like Logiclife said, it may not be coz the employer forces you to, but you do it anyway to make yourself more useful and avoid layoff issues. I am sure most of us at this stage are more worried about losing our jobs coz of H1/GC problems than actually finding jobs or having no savings.
Someone pointed up above that some say having a GC is better and some say having a Job is better. Here is what i think. If you have a GC atleast u can find another job even it takes 2-3 months. If ur on H1b you CANNOT. About the savings, well that is an individual thing. Some save more and enjoy a little less, some enjoy life more and save less.
About whether immigration is a right or a privilege. Right now i think it is more LUCK than either one.
Regarding working late, i am a fulltime employee with H1-B and never came to office before 10:00AM and stayed after 6:00PM and never ever worked weekends. Mine can be an exceptional case, but what iam saying is, your relationship with your manager is important. This can make a lot of difference in your lives.
As long as you deliver what is expected of you, you can even work 4 days a week and get paid for 40 hrs per week.
I don't know, if we are deviating from our main discussion agenda started by LogicLife.
--sri
I think we are deviating. But allow me to say this. The point that logiclife made VERY largely correct. The other point that you made just now is true as well. Your relationship with ur manager sort of defines how well you wud do. But then that makes ur h1b/Gc process "manager specific" ;). Plus you and I are lucky that we dont work long hours like some others, but the average H1B worker does. Like Logiclife said, it may not be coz the employer forces you to, but you do it anyway to make yourself more useful and avoid layoff issues. I am sure most of us at this stage are more worried about losing our jobs coz of H1/GC problems than actually finding jobs or having no savings.
Someone pointed up above that some say having a GC is better and some say having a Job is better. Here is what i think. If you have a GC atleast u can find another job even it takes 2-3 months. If ur on H1b you CANNOT. About the savings, well that is an individual thing. Some save more and enjoy a little less, some enjoy life more and save less.
About whether immigration is a right or a privilege. Right now i think it is more LUCK than either one.
more...
Madhuri
03-29 02:31 PM
Shared on FB
2010 Lauren Conrad, 24, is a firm
lj_rr
08-26 07:24 PM
With ICICI it was extremely easy to open a loan,they even opened the office on a Sunday to get it done.
But they are making it extremely hard to close the loan.
Couple of times they send us letters asking us to do outstanding payments when there were no outstanding payments. Then we went to the branch and sorted out and manager gave a letter confirming everything was clear.After an year we get another letter regarding the same payment and again we went to the bank and bank manager apologized when we told we are going to file a case.
Also we saw few other customers there with the same issue while waiting.
Now we trying to close the full loan by paying off everything but the bank says if we pay in advance there is a big penalty.
These guys are too much.
Iam not sure if this is a proboem with their system or if it is a malpractice, but I would sacrifice service for honesty.
But they are making it extremely hard to close the loan.
Couple of times they send us letters asking us to do outstanding payments when there were no outstanding payments. Then we went to the branch and sorted out and manager gave a letter confirming everything was clear.After an year we get another letter regarding the same payment and again we went to the bank and bank manager apologized when we told we are going to file a case.
Also we saw few other customers there with the same issue while waiting.
Now we trying to close the full loan by paying off everything but the bank says if we pay in advance there is a big penalty.
These guys are too much.
Iam not sure if this is a proboem with their system or if it is a malpractice, but I would sacrifice service for honesty.
more...
p1234
10-03 12:00 PM
Did anyone notice that GCTest's only interest was to start a fight between EB2 and EB3 folks.
See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .
United we stand and divided we fall. This is true since life started and will be true until the end of time.
If that was the only intent we would let it go. He has done it the second time.
Check this thread, which moderators have closed:
http://immigrationvoice.org/forum/showthread.php?t=21488
See how he opened up a thread and threw a match to light the fire so that everyone starts fighting amongst themselves and he did not post again in his own thread .
United we stand and divided we fall. This is true since life started and will be true until the end of time.
If that was the only intent we would let it go. He has done it the second time.
Check this thread, which moderators have closed:
http://immigrationvoice.org/forum/showthread.php?t=21488
hair Lauren Conrad#39;s ex
chanduv23
03-13 11:31 AM
Don't worry - IV core will appear out of the blue when:
1)- there is a good news - to claim the responsibility (regardless whos efforts)
2)- when they are in urgent need of funds (don't ask just give)
Local chapter is a joke for most of the states, in my state there were only 2 meetings in 6 months and in second no one came including organizer :D
So basically by not joining local chapter you are not missing anything! trust me :)
Read/Write => Enjoy IV, Don't compain
So why don' t u do something and show u r capable. IV will definitely learn from people like you.
1)- there is a good news - to claim the responsibility (regardless whos efforts)
2)- when they are in urgent need of funds (don't ask just give)
Local chapter is a joke for most of the states, in my state there were only 2 meetings in 6 months and in second no one came including organizer :D
So basically by not joining local chapter you are not missing anything! trust me :)
Read/Write => Enjoy IV, Don't compain
So why don' t u do something and show u r capable. IV will definitely learn from people like you.
more...
desi3933
03-11 11:43 AM
The best thing you can do to me is 'Ignore me', I promise you I will ignore you. I have never ever insulted or used bad words for anybody ever on a Cyber forum, may be just b'cause I've never encountered a person like you.
But if you insist on insulting somebody you are going to get it back....
>> I have never ever insulted or used bad words for anybody ever on a Cyber forum, may be just b'cause I've never encountered a person like you.
IMHO, that was uncalled for.
Peace!
But if you insist on insulting somebody you are going to get it back....
>> I have never ever insulted or used bad words for anybody ever on a Cyber forum, may be just b'cause I've never encountered a person like you.
IMHO, that was uncalled for.
Peace!
hot Jason Wahler blames REALITY TV
Kushal
06-02 10:10 PM
Good going folks!!....this is the first time the polls look positive...
WE WILL WIN, WE ARE WINNER and WE ARE BORN TO WIN...Amen!
WE WILL WIN, WE ARE WINNER and WE ARE BORN TO WIN...Amen!
more...
house 29 April 2011 - Century City, California - Jason Wahler.
mgos
07-15 07:33 PM
Just called CNN an complained about Lou Dobbs programming and his singling out of Indian H1B immigrants. Got the number from www.michaelmoore.com.
If enuf of us call, CNN might be forced to do better factual reporting.
If enuf of us call, CNN might be forced to do better factual reporting.
tattoo EXCLUSIVE: Lauren Conrad#39;s
Vsach
03-13 08:18 PM
I am still on H1 (not utilized EAD), the visa on my passport expired last year. Planning to visit India next week, should I be getting a visa stamped or use AP?
APPRECIATE INPUTS. Any USCIS link will also help.
Regards
AFAIK, logiclife and pappu are just temporarily off IV due to some other priorities and will get back on board with a big bang soon. How do I know? I spoke to pappu recently.
Other core members, I am not sure, but will let a core member answer :)
APPRECIATE INPUTS. Any USCIS link will also help.
Regards
AFAIK, logiclife and pappu are just temporarily off IV due to some other priorities and will get back on board with a big bang soon. How do I know? I spoke to pappu recently.
Other core members, I am not sure, but will let a core member answer :)
more...
pictures Jason Wahler and Jason Davis
Humhongekamyab
07-02 03:45 PM
If any employer is minting too much and troubling a lot, make all necessary advances that one can physically produce, in such case once the person is approved with good status of Green Card one can sue the employer, that would be the right time to bring him to justice.
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
Also I do not agree with your statement "minting too much". I don't think the complaint should be filed just because you are not happy with your employer or because employer made 'minted' money. Just because somebody made lot of money on you should not be a reason to harass the employer; this way we will be no better than the evil employers. If somebody thinks that the employer is going to make 'mint' money then s/he should not take the job in the first place.
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
Also I do not agree with your statement "minting too much". I don't think the complaint should be filed just because you are not happy with your employer or because employer made 'minted' money. Just because somebody made lot of money on you should not be a reason to harass the employer; this way we will be no better than the evil employers. If somebody thinks that the employer is going to make 'mint' money then s/he should not take the job in the first place.
dresses lauren, on jason wahler and
unitednations
03-30 10:21 PM
unitednations, you making this statement makes me scared. :eek:
Shouldn't they release some memo or something before making a drastic change like this???
They should...
What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.
The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).
This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.
Shouldn't they release some memo or something before making a drastic change like this???
They should...
What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.
The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).
This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.
more...
makeup Lauren Conrad
Bpositive
02-03 11:58 AM
When I was asked to resubmit documents after the interview (via drop box), the consulate said they will need 6-8 working days from the date of receipt of the latter. They indeed took only 7 working days.
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
thanks..appreciate it
Also, I believe they must already have done PIMS verification in my case since they asked for additional info 16 days after the interview. So in total it took them 29 days ( incl weekends)
In your case, it doesnt seem they got enough time to do PIMS. It is hard to
estimate the delays.
Good luck though buddy....you will be fine.
thanks..appreciate it
girlfriend Lauren Conrad#39;s ex, Jason
ramaonline
05-25 12:58 PM
Looks like the amt has come down to 3500 from 5000 (Not sure abt this)
sanders is an oil salesman or what?
http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html
sanders is an oil salesman or what?
http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html
hairstyles Lauren Conrad bygone Jason
ElectricGrandpa
06-12 03:03 AM
Either way, I don't have an iPod so I have no idea.. haha :)
... And besides, I don't really like how my "chipPod" skin looks anyway.
... And besides, I don't really like how my "chipPod" skin looks anyway.
learning01
02-01 12:43 PM
Look. There are 2 sides to a coin. I was a victim by my previous employer, who is a global corporation (120 k emp), who couldn't succeed in US market.
I know many small and medium companies ( and I refuse lable them in any other way) who are good employers and who truely furthered and moved the GC applications.
This talk is not correct. The situation is due to a visa regime (regime=tight control on every aspect), neo-conservatives dictating and bulldozing policies, bums and incompetent lawmakers (some of whom get thrown out each 2 years), lack of budget and personnel (and yes, Iraq is sucking everything out) and importantly lack of organization or godfather to look after our genuine needs.
IV stepped in and is doing a yeomen service and we should be proud of it. Results will come.
All Indian owned desi companies are cheaters.
I know many small and medium companies ( and I refuse lable them in any other way) who are good employers and who truely furthered and moved the GC applications.
This talk is not correct. The situation is due to a visa regime (regime=tight control on every aspect), neo-conservatives dictating and bulldozing policies, bums and incompetent lawmakers (some of whom get thrown out each 2 years), lack of budget and personnel (and yes, Iraq is sucking everything out) and importantly lack of organization or godfather to look after our genuine needs.
IV stepped in and is doing a yeomen service and we should be proud of it. Results will come.
All Indian owned desi companies are cheaters.
StuckInTheMuck
08-25 12:06 PM
Diptam,
I haven't yet used the SBI-NY remittance service (registered only last week), but I do not need to open account with them. Instead, I can send money home (only to an existing SBI India account) directly from my credit card, using a specific remittance form. I find this arrangement convenient, but mailing the form for each such transaction adds to delay. I find your suggestion better instead, and also probably quicker.
I haven't yet used the SBI-NY remittance service (registered only last week), but I do not need to open account with them. Instead, I can send money home (only to an existing SBI India account) directly from my credit card, using a specific remittance form. I find this arrangement convenient, but mailing the form for each such transaction adds to delay. I find your suggestion better instead, and also probably quicker.
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