El_Guapo
01-14 01:13 PM
The right to control the beneficiary is different from actual control. An employer may have the right to control the beneficiary's job-related duties and yet not excercise actual control over each function performed by that beneficiary. The employer-employee relationship hinges on the right to control the beneficiary.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
Don't all companies have the right to control the beneficiary? For instance, a sponsoring company has every right to determine if an employee shall be placed on a project billed at $50/hr or if they seek another project/client with a higher billing rate. Similarly, the employer has every right to determine if the employee will be placed at a client requiring a project manager or at a client requiring a developer, thus effectively controlling the beneficiary's job-related duties!
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
wallpaper next 2003 toyota celica gt-s
lazycis
02-13 01:11 PM
WDude, Googler, I am not against removing per country limits. But we need to have a cool head, think straight, objective and use facts. I just think it will be next to impossible to change the INA to remove those quotas so it's better to concentrate efforts on 1) visa recapture; 2) EB quota increase. Visas were lost mostly because of NC issue.
snaidu
05-10 10:27 AM
I see a lot of people discussing about Canada.
Any inputs about Australia and life down under?
Thanks
Any inputs about Australia and life down under?
Thanks
2011 My 2003 own Celica GT
gjoe
02-14 03:27 PM
How many of us who contributed to IV mentioned that in the AOS application form I485. I guess you are supposed to disclose your affiliation to IV, atleast when you are a contributing member. If this is true most of us will automatically disqualify for a GC because we failed to disclose information truthfully
.
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.
LET US RISE UP AND MARCH FORWARD.
.
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
BTW I will contribute upto $1000 for this lawsuit initially. I think Law suit is the rightway to go. We should not be afraid to file a lawsuit. We have come halfway around this world to make our careers and life in the USA knowing well that the bodyshoppers will exploit us until we get our GC. We are in a situation were we never even dreamed before that a govt agency like USCIS will also keep our lifes in limbo like the bloodsucking bodyshoppers. Now it is our turn to step up and take the fight. We will not lose anything even if we fail, afterall our lives on this earth is nothing but a fight for our survival and what we believe in.
LET US RISE UP AND MARCH FORWARD.
more...
sanju
02-15 11:34 AM
I set up a yahoo group to discuss the issue. To subscribe, send an e-mail to
visa-recapture-subscribe@yahoogroups.com
Please include your IV alias when you confirm your subscribe request.
Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
visa-recapture-subscribe@yahoogroups.com
Please include your IV alias when you confirm your subscribe request.
Also, just wanted to clarify that I will not be able to spearhead the issue. I will contribute as I can: financially, doing legal research, reviewing briefs and generating ideas. But I do not have a lot of time to dedicate to this initiative. I also think it should be somebody who is affected by retrogression. People should be willing to change their situation, otherwise I do not see the reason to help them.
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
gagbag
07-03 09:40 PM
http://www.wesh.com/money/13616272/detail.html
http://www.edmontonsun.com/News/World/2007/07/03/4308500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howelltimesandtranscript/stories/index.php?action=fullnews&id=129492
http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms
http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html
http://www.edmontonsun.com/News/World/2007/07/03/4308500-sun.html
http://www.kswo.com/Global/story.asp?S=6740337
http://www.onelocalnews.com/howelltimesandtranscript/stories/index.php?action=fullnews&id=129492
http://economictimes.indiatimes.com/US_cap_on_employment-based_visas/articleshow/2170349.cms
http://www.foxnews.com/wires/2007Jul02/0,4670,ImmigrationGreenCards,00.html
more...
Sunx_2004
07-29 11:56 AM
Here is my case, Company A filed Labor GC for me, Labor filed 04/2004, I-140 approved 06/07, I485 filed 07/07.
Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.
Now company B filed amendment to approved I 140- My questions-
Is my I 140 still aproved or it will start all over?
I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
What
I need to take care of if I want to switch the job.
Company A got aquired by company B in 11/07, Company B filed 3 year extension on H1B based on approved I-140 approved H1B.
Now company B filed amendment to approved I 140- My questions-
Is my I 140 still aproved or it will start all over?
I am planning to change the company coming October, Can I change the company at this stage. Will it affect my AOS in adverse way.
What
I need to take care of if I want to switch the job.
2010 Toyota Celica GT-S 2000-2003
eb2_mumbai
09-15 10:46 AM
This thread is getting very interesting with all the logical calculations and predictions, thanks OP.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.
One aspect that was missed in the discussions so far is, during Aug-Sep'08 many folks with 2005/06 PD's got their GC, USCIS picked these cases on random and not sure how many with 2005/06 PD's were approved but it a sizeable number, so this reduces the pending numbers for 2005/06 PD cases as well. I am predicting by Sep'10 we should see all of 2006 PD's cleared up.
-Cheers
you are right in Aug 2008 so many people wth PD of 2005 & 2006 got approved. I would have been a lucky one but unfortunately my Birth Certificate turned out to be the culprit and ended with with an RFE. By the time I answered the RFE visa # were exhausted and I was left behind.
more...
dvb123
02-15 10:56 AM
I think recapture of visas is not exactly possible but the court can order to clear the backlog before issuing visa numbers to other applicants depending on previous court precedents.
hair TOYOTA, CELICA GTS, 2003,
tikka
07-03 06:46 PM
Dugg both.
thank you :)
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 111
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 130
we can also digg comments..
thank you
thank you :)
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin - 111
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 130
we can also digg comments..
thank you
more...
santa123
07-21 07:43 PM
Best case and worst case
vdlrao,
You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.
Just as you know:
Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein
vdlrao,
You have always brought some statistics onto this forum and many of us have felt that your numbers have some logic. I want to know what your confidence level is on those stats, may be you feel on the inside that this is theory and God only knows wht will happen. Since the processes that USCIS & DOL follow is not very clear to anyone, I am curious.
Just as you know:
Statistics are like bikinis. What they reveal is suggestive, but what they conceal is vital. ~Aaron Levenstein
hot Toyota Celica GTS - Interior,
samay
07-14 06:43 AM
Hi,
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Thanks,
485_spouse
Sorry she will have to wait for the your PD to get current.
I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?
Thanks,
485_spouse
Sorry she will have to wait for the your PD to get current.
more...
house 2003 Toyota Celica GT
nogc_noproblem
07-25 03:03 AM
VDLRAO - You brought lot of valid points which supported by authentic statistics. But surprisingly Ron’s comment about the Aug bulletin is totally vague. You can throw the numbers to prove your claim but I don’t think Ron really has any such numerical explanation for his statement.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
With all due respect, I beg to differ from Ron (probably for the first time).
I doubt it whether he knows about the USCIS has changed the spill overs to horizontal fall outs and due to that the number of visas added to EB2 India/China. The horizontal spill over is giving a greatest adventage to EB2 India and making it run to catch up CURRENT. I see in the link http://www.immigration-information.com/forums/showthread.php?t=5456&page=8 , in one post he is predicting " I expect to see substantial worldwide EB3 movement during the next fiscal year." . But its not true because the EB3 world wide wont have many visas as before from now on. The EB3 world wide will move based on the 7% quota but not more than that.
tattoo 2000 Toyota Celica GT-S
hopefulgc
02-13 02:58 PM
where are the govt. sources talking to us know....?
How much do we really care about the govt. sources when our dates there is a wait of 7 years .. . the dates are in 2001 for heaven's sake.
I feel like a battered housewife who does not want to step up to her husband 's abuse hoping that one day he would come home and not not beat her up, just come home, ignore her and go to bed and let her be.
Waiting for 3 yr EAD reforms is like begging for peanuts. we outta swing for the fences. If we outta beg.. lets aim higher... RECAPTURE.
Going into Lawsuit will not do a penny for our
fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.
And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.
I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.
How much do we really care about the govt. sources when our dates there is a wait of 7 years .. . the dates are in 2001 for heaven's sake.
I feel like a battered housewife who does not want to step up to her husband 's abuse hoping that one day he would come home and not not beat her up, just come home, ignore her and go to bed and let her be.
Waiting for 3 yr EAD reforms is like begging for peanuts. we outta swing for the fences. If we outta beg.. lets aim higher... RECAPTURE.
Going into Lawsuit will not do a penny for our
fate. I heard the same that Khanna lost the lawsuit > but in our case even the settlement i dont think will arise. Better do what we are doing , lets find success in what we are doing right now and spend that money in support of letter campaign . Lets evaluate the results once we are done through this process. Please be noted , that when AILA wanted to Sue to USCIS there has been lot of discussion on who could come out of shadows also since money was given out by AILA some ppl came forward i bet if its a million dollar ppl wont reach that mark.
And look at repurcussions before doing that , as ppl have already mentioned no GOVT sources will talk to us . Remember the way ppl could file EAD's was not due to AILA threatening. I dont see a basis for the case first of all , Just it caused mental tension ppl due to laziness of agency you can sue USCIS ? Then every person ever dealt with USCIS should sue them right ? COme on guys. Some ppl might jump on me but think of these issues Just saying i am up for 100$ or 200$ is not sufficient enough for Law Suit.
I am not saying whether we should or shouldnt do Lawsuit but we need to have options carefully evaluated , all funds ready assuming its gonna go for 2 years and we have ppl whom we can bank on for those 2 years and we should stil continue IV what we are doing and IV shouldnt file this lawsuit.
more...
pictures Toyota Celica GTS 2003 (back
number30
01-18 08:14 PM
"just eating everyone's head"
To eat the some heads What if tomorrow same rules are applied for the Green card process?
To eat the some heads What if tomorrow same rules are applied for the Green card process?
dresses for a Toyota Celica GT-S
krishmunn
07-27 10:43 AM
Its like asking an anti-immigrant, what you think about legal/illegal immigration?
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
I guess you would get better idea if you call up Amway corporation or FTC and find out. And not from other who spend their time flipping channels and burping beer.
As far as I know there are people from US Army, NASA scientists, NFL players, pastors etc.....from different background are very successfully building the franchise business. No wonder they are growing $1.2 billion dollars every year since 1950.
Of course is not for everyone; its only for people who know the power of free enterprise on which this country is built on.
Question is whether it will work for you? Your families finances are decided by you, and not by any other people. If you do take advice from other, then you will be flipping channels and burping beer too, and it takes one big financial hit to wipe you off the slate.
If you are making millions with Amway, why are you sitting with a EB-3 PD ? Go for EB-5 :)
From Wiki "more than half of the distributors do not make any money, with the average distributor making less than $100 per month."
more...
makeup Modified Toyota Celica GT-S
vivid_bharti
09-04 11:20 AM
If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
girlfriend 2003 Toyota Celica GT-S
venky321
01-14 07:08 AM
Page 5 says that if the petitioner is a software developmentt company; where the beneficiary is placed at a client on a long term basis, but using the designs or developing an application of the petitioning company; and the beneficiary reports weekly to a manager of the software development company.
This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.
This might work for large IT companies who develop entire software solutions and who might staff an entire project for a client on a own. But others who are only staffing companies; even if they are large may not be able to show the required control.
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longq
02-14 12:50 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
Legal
07-21 05:30 PM
Unused Family Based VSAS are 32k in 2007!!!!
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
That seems to be correct interpretation. This makes me dizzy, too good to be true. :D
The Family visas spill over is something I couldnt understand. They are retrogressed by > 10 years for many categories. Is that conflicting with spill over? Why would there be spill over with such backlog?
That's because of per country quotas. There may be millions waiting for 15 years under the brothers and sisters category, but once they hit the country limit they are done. The unused numbers may go to brothers and sisters of petitioners from non-backlogged countries. If not, these numbers will flow to EB.
ujjwal_p
05-11 07:03 PM
Remember, you are doing this to potentially ditch India and to change your nationality and are going to take oath
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
Wrong! Stop assuming dude. People are here because they need the Green Card. We don't take an oath to renounce loyalties when we get it. Of course your intention is clear and I am thankful that we Indians don't need to count on you. Of course, its interesting that you are quite happy being a US Citizen when it's the US which has called the LTTE a terrorist organization. Hmm, I hope you did your research. Anyway, too late. We don't need you anymore in India and like I said earlier, good riddance. All the best!
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