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  • gc28262
    01-28 04:39 PM
    I didn't find where in the PDF AILA is saying the definition is illegal!

    They provide one example a court ruling where the EE definition was established in the case of an insurance agent. But such an issue has already been address by the EE memo by USCIS (Temporary/Occasional Off-Site Employment).

    Is it your own interpretation that the EE definition in the memo is illegal or did you read it somewhere in AILA's response?

    AILA Memo (
    Page 3
    The AAO�s analysis contained in non-precedent decisions but cited repeatedly by adjudicators to justify RFEs, NOIDs and Denials -- and now expressed in the AFM revisions regarding H-1B petitions -- begins with the proposition that the beneficiary in any employment-based nonimmigrant or immigrant petition must be an �employee� of the petitioning employer. The AAO then notes that the term �employee� is not clearly defined anywhere in the INA and concludes that absent such a definition, under Darden and Clackamas, it must look to the common law definition of employee to determine who is and is not eligible for employment-based benefits under the INA.2 While the common law definition employs a multi-factor test, the AAO and subsequent adjudications, and the Neufeld Memorandum, have focused almost exclusively on one element: control.
    AILA memo deals with multiple issues in the memo, not just consulting company scenario. (L1, Self sponsoring employee etc) Hence we can get lost while reading the memo. Central to the argument is "Common Law" that AILA hasn't gone in depth.


    Please refer AILA memo ( as they have already detailed the law points in it.
    Also you seem to be quoting USCIS documents. If USCIS was clear about the law, they wouldn't have issued this memo in the first place. If USCIS memo contradicts INA, INA prevails.

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  • anzerraja
    07-19 08:46 PM
    There is a funding drive in this other thread towards reimbursing Aman's expenses.

    Could you please pledge an amount ?

    I know Aman has made a no. of trips to DC & these are not cheap.

    Let us all contribute to pay back all his trips .

    I am serious about it as people have no idea what people like Aman & others have done / sacrificed. If fact, we should authorize the Money Manager of IV to immediately release the entire amount Aman & others have spent since 19th December 2005.

    I am sure IV must have funds to handle this... if not, atleast start a part payment each month immediately

    I do not know, what is IV's internal procedure for these situations.

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  • GCBy3000
    02-05 04:34 PM
    Make H4 illegal and get a job in farm land. Then in two years you will get your gc as dependent. Just kidding.

    This country does not like legals. We have to get all the illegals(if agjobs bill get passed) on legal boat behind us and at the end they will also realize what the sh..t it is to be as a legal in this country. Then IV will get more members and funds and they will get united with us.

    Again, if they take different queue than us then we are in SOUP. We have to make sure we get our bills, if somehow we fail on this and illegals gets something, still we need to make sure illegals come behind our queue. If this is done, then even our little whisper will be heard across the globe. What a pity situation for taxpaying legals. By this time, it will be 2025 and my son will take care of me.

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  • santb1975
    12-02 10:53 PM
    We will add this to our Holiday contribution thread

    As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.

    I just contributed $300. I will sign up for recurring ...

    Google Order #448925927215726

    PD: Eb2 - 05
    Contributions so far: $500
    Member of North California Chapter


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  • GTGC
    06-02 05:16 PM
    I called the first three representatives- left VM for 2 and Brian Bilbray's office asked me to fax the material over to thier office.

    Did anyone else receive this request? Is there something I can fax over to thier office?

    Please let me know - I will call others during my lunch hour tomm.

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  • kerstbrd
    07-18 09:57 PM
    This is applicable when 140 has been approved. If 485 is retrogressed then you will get 3 year extension. If it's current you will get 1 year extension. Guess depends on luck. For e.g if some one has applied for extension in July he/she will now get only 1 year. I found this in a lawyer's chat transcripts.

    Makes me wonder why we're paying our lawyers. I'm learning more from this forum than what he's told me over 6 years of interaction.


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  • visves
    02-11 06:30 PM
    There is also a 7 percent cap for each country. The sum of family and employment visas for china and india cannot exceed 25,000 approx as long as ROW is oversubscribed.

    IF excess visa from EB2 ROW overflows to to EB2 china/india, this would clearly violate the 7 percent limit as the sum total consumption of visas by these countries would be well over the 7 percent of employment visas. Unless the overall demand for employment visas is less than what is available, the 7 percent would clearly apply.

    The only thing that I feel might happen would be any unused EB1 china/india visas flowing down to EB2 china/india.

    There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3

    (3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    -End Quote

    Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?

    We shouldn't assume that USCIS is too dumb to follow the law..

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  • matreen
    01-28 01:37 PM

    Just today I received a email from TX CIS.....saying......

    The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

    PD: 01/29/07
    485 Filling: 07/12/07
    Receipt Date: 08/17/07

    Got EAD, AP approved. Just last week I did my finger prints.....

    I don't where I am and what would happend to my case....I am planning to change my job using that going to impact anything to my processing????

    What do you thing about the time frame for my case based on my PD????

    Guru's please I am planning to chnage my job in March or April/08.....




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  • rangaswamy
    07-11 02:04 AM
    I have forwarded this within my company and also have made arrangements to send it to Cisco.

    i hope we make this a silent no-slogan protest.

    banners will convey our point.

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  • fatjoe
    10-01 03:48 PM
    It would take at least 45 days. You will always get about a month's notice for the interview. As per my case, I got a notice on March 10, 2009 that my case was transferred to NBC and that I would have to attend an interview at local office. I got the interview notice around May 15th for the interview scheduled on June 25th.
    Hard and Soft LUD recently stating case moved to local office. Does anybody has any idea on timeframe for interview call? Dates being current I want it asap.


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  • MetteBB
    06-14 05:13 PM
    Vexir! Those last two you did are SWEET!!!

    If I had an iPod I would love the white sin for it! Well done

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  • BMS1
    11-11 12:18 AM
    I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.


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  • ThinkTwice
    07-11 04:59 PM
    Below if the news letter from IV , please use this to forward information.

    Yes, PDF will be helpful.. I was just searching for some such info.. Thanks nraja



    Dear Members:

    Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.

    Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times and Washington Post on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.

    This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.

    Peaceful protest march by Legal Immigrants in San Jose, CA.

    The New City Hall
    200 E Santa Clara St
    San Jose, CA 95113

    Saturday July 14, 2007

    11:00 am To 2:30 pm

    11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.

    PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: )

    1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
    2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
    3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
    4) 2:30 PM: back to City Hall

    1) Abide by the laws.
    2) Stay on sidewalks.
    3) Follow traffic rules, show courtesy to other pedestrians.
    4) Do not block building entrances.
    5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.

    Plenty of water, snacks and sun block (if needed).

    Do not bring your own signs. We will have banners and signs ready for you.


    GOOGLE MAP FOR THE ROUTE OF THE PEACEFUL MARCH (COPY PASTE URL IN BROWSER):,+San+Jose,+CA&daddr=S+4th+St+%4037.337490,+-121.887320+to%3A150+E+San+Fernando+St,+san+jose,+c a+to%3AS+4th+St+%4037.332980,+-121.883940+to%3AS+Market+St+%4037.331030,+-121.888360+to%3A37.333859,-121.890907+to%3AN+Market+St+%4037.338380,+-121.894240+to%3AW+St+James+St+%4037.339080,+-121.892780+to%3A635+N+1st +St,+San+Jose,+CA+to%3A200+E+Santa+Clara+St+San+Jo se,+CA+95113&mrcr=4,5&mrsp=5&sz=15&mra=dme&sll=37.335736,-121.886315&sspn=0.015764,0.039911&ie=UTF8&z=15&om=1

    IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.



    Immigration Voice Core Team.

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  • test101
    07-20 09:48 AM
    I submitted usps money orders for I-485 fees. Filed on july 2nd.

    Any way to find out if those money orders are enchashed or no?
    I did try google search and so far no answer.

    i did the same, because i thought that what my lawyer wanted.
    The only way to track tme money order is after 60 day from bying it. You can go to the post office and they will invistigated. it cost 5 dollars. They wont do it before 60 days. i went and asked.


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  • ilikekilo
    05-04 10:52 AM
    Many folks suggest that this BIll (when turns into a law) would promote outsourcing..but how does these set of changes being proposed by Odama's admin. would affect outsourcing??

    I know it wont "stop" outsourcing in any way but seems like they claim that they are " taking away the tax advantages of companies shipping jobs overseas"...Iam sure its more complicated than that..

    However the kind of tone being set by the incumbent these days, I believe reflects the current administrations policies that might trickle to us(documented workers) as well.. not sure..

    However this can be also looked at, the adminstartion si trying to "show" that they are doing whatever they can disccourage companies from sending jobs overseas..and then eventually take a stab at CIR..wishful thinking..:D

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  • somegchuh
    07-20 01:25 PM
    Ok, so here are some more thoughts ... obviously we are all stuck in our current positions and we are worried about the future. Unless, we do something to be prepared we won't be better off when we get our GC's? Given where most of us are I think we have two options:
    1. Advance your education (MBA/PM/certifications etc.)
    2. Start a business.

    I would like to hear from everyone who has or wants to start a business.
    1. Have you thought of starting a business?
    2. What does it take to start a business while on H1B
    3. Is it worth the effort not knowing if/when you will get the green card. Remember starting a business is not a short-term goal.
    4. Are there businesses that cross borders i.e. we can continue to run the business even if we have to leave the US?


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  • kandhu
    02-03 11:22 AM
    I posted this in a different thread. But Posting it again to get some thoughts from the people who already went through the stamping experiece...
    Good luck to everyone. Hope you get your passports soon.

    It looks like not ALL applicants are having a delay in receiving their passport after Visa stamping.
    I know couple of my friends received their passport the next day.
    (H1 extension - stamping in Chennai)
    But I understand from the forum that many people are experiencing delays.

    Any thoughts on what kind of applicants are experiencing delays ?
    (or) in other words.... What kind of approval information (H1/L1) are delayed in getting into the PIMS system

    Example: People renewing the H1-Visa in passport after 1 year of expiry (or)
    Time between the H1 approval (in US) and the actual Stamping date in India is less than 1 or 2 months ?

    Sorry if the questions are weired. I am trying to see if there is a trend/logic we can identify with these delays. This might help people who are planning to go for stamping in India.

    I am planning to go to India in March. I am certainly worried on the delays. I need to take a decision to go for stamping or use AP.


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  • BrightSpark
    06-19 05:45 PM
    cool one brightspark.

    Cheers bud :D

    Gona make me an avatar and sig next :p

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  • mirchiseth
    10-09 02:05 PM
    Hi All

    I have been following this thread for the last few days and wanted to share some info. Hoping it would be useful.

    I entered the country in Jan 08 using the AP while I was still working for my GC sponsoring employer. Then in June 08 I joined another employer by transferring my H1B to the new employer. I did have the option of using EAD but I wasn't sure if the renewal will come before the expiry of current EAD. So decided to transfer H1 and my new employer graciously agreed to it.

    We did a premium transfer so got the approval in 2 weeks. Money does wonders (Almost like the proverbial paper weight with files). I confirm that the I94# number on I797 approval notice is same as the I94# number I got when entering the country in Jan 08.

    So this should be a good news for folks who are trying to do the same. I am in a different boat right now. I have to travel to India this November. I plan to return using AP. But now my employer is different from my GC sponsoring employer. Another issue is that I am going only for two weeks while my wife will be in India till Mid Jan. So we will enter US separately using AP. Please share your thoughts if you have been in this situation.

    07-11 05:54 PM
    Please Pm me your e-mail address and ph number so that I can send you the phone list and explain the data.




    just now sent you a PM. Send me the details


    11-28 02:55 PM
    Thanks walking_dude for the initiative!
    Sorry for the delay in doing it.

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