gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
wallpaper mortal kombat 9 characters
deardar
09-14 10:25 AM
And why not?
Please allow me to answer your question when I see you in person.!:o
Please allow me to answer your question when I see you in person.!:o
jaggu bhai
08-24 09:52 AM
Thank u all very much for ur valuable suggestions.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
2011 mortal kombat 9 characters
anurakt
12-27 09:41 AM
Hi Everyone,
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write their post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early:) :) )
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write their post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early:) :) )
more...
lostinbeta
10-05 04:08 AM
That sucks about the comp not being able to take it. I know what that is like all too well.
I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.
I have been using Photoshop since April 2001. I started with Photoshop 6 and now I have 7. It sometimes lags on me when I create large 1024x768 wallpaper images and such.
hopesoon
09-02 12:39 PM
I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.
more...
thomachan72
03-28 03:11 PM
A small amendment for this bill could make everyone including high skilled and low skilled happy.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.
2010 mortal kombat 9 characters
Templarian
07-21 08:22 AM
^I know... but I was referring to its use in browsers. :)
When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.
Even your strong bias can admit its runs like a snail in the browser.
When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.
Even your strong bias can admit its runs like a snail in the browser.
more...
diptam
05-08 09:53 PM
That's the point.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
hair mortal kombat 9 characters
gc_on_demand
09-09 02:23 PM
These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
more...
harivenkat
05-05 02:23 PM
You can own the company while being on H1b, You will need to partner with a CPA and get immigration attorney involved.
Check this :
MurthyDotCom : Start-Up Companies (http://www.murthy.com/startup.html)
I am on H1B, Can i register company and employ an american citizen as the CEO and run a resturant... - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5374040662&m=1761062081)
Check this :
MurthyDotCom : Start-Up Companies (http://www.murthy.com/startup.html)
I am on H1B, Can i register company and employ an american citizen as the CEO and run a resturant... - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5374040662&m=1761062081)
hot Mortal Kombat 9 - Kratos
immi_seeker
09-27 03:29 PM
Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments
more...
house mortal kombat 9 characters
Wish_Good
05-05 12:41 AM
Hi Morchu,
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
Yes Please. File an h1 extension NOW. (Premium or not premium doesn't matter much, since you are in H1 status all the time, with proper pay-stubs and all.)
But having an H1 is especially safe in this particular situation.
I assume you have not exhausted your 6 year limit.
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
Yes Please. File an h1 extension NOW. (Premium or not premium doesn't matter much, since you are in H1 status all the time, with proper pay-stubs and all.)
But having an H1 is especially safe in this particular situation.
I assume you have not exhausted your 6 year limit.
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
tattoo mortal kombat 9 characters
javadeveloper
08-20 04:20 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.
more...
pictures mortal kombat 9 characters
sanju
02-06 10:28 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
dresses mortal kombat 9 characters
srikondoji
06-15 09:33 AM
We should start somewhere to get heard. But again the media, government has too many other important issues to deal with and our issues may fall on deaf ears. We should still continue to make noise with a hope that we will get noticed.
--sri
--sri
more...
makeup mortal kombat 9 characters
tabletpc
09-02 04:45 PM
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
girlfriend mortal kombat 9 characters
gc28262
04-07 06:23 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
hairstyles mortal kombat 9 characters.
Blog Feeds
01-12 07:30 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj58tUs4r5zgHzL6HnU4exTlVfJZ_5_EtyS1RqVY5u4Cydejx6ycVyUkukJatmcHbj-fl4fkY0Gr_FS8qScnJ-JnN0nKkUqFgD6Kqedk5hW0pUO90_ExlIHkhe0SqOpppVKO0dUssYZTk4/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj58tUs4r5zgHzL6HnU4exTlVfJZ_5_EtyS1RqVY5u4Cydejx6ycVyUkukJatmcHbj-fl4fkY0Gr_FS8qScnJ-JnN0nKkUqFgD6Kqedk5hW0pUO90_ExlIHkhe0SqOpppVKO0dUssYZTk4/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.
It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.
As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).
The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.
I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.
Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.
Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,
Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.
https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj58tUs4r5zgHzL6HnU4exTlVfJZ_5_EtyS1RqVY5u4Cydejx6ycVyUkukJatmcHbj-fl4fkY0Gr_FS8qScnJ-JnN0nKkUqFgD6Kqedk5hW0pUO90_ExlIHkhe0SqOpppVKO0dUssYZTk4/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj58tUs4r5zgHzL6HnU4exTlVfJZ_5_EtyS1RqVY5u4Cydejx6ycVyUkukJatmcHbj-fl4fkY0Gr_FS8qScnJ-JnN0nKkUqFgD6Kqedk5hW0pUO90_ExlIHkhe0SqOpppVKO0dUssYZTk4/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.
It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.
As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).
The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.
I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.
Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.
Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,
Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.
https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)
raysaikat
08-28 05:09 AM
Hello,
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.
cherupally
09-05 11:37 AM
Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..
No comments:
Post a Comment