gapala
06-04 01:08 PM
Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:
Let the EB folks live this same life?
God knows...
Let the EB folks live this same life?
God knows...
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11-19 03:01 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
anilsal
11-16 10:43 PM
I think healthy trade/economic relationship with economic potential powerhouse INDIA is important for the US in the long term. That is why the deal was a done deal long long ago IMHO.
2011 15 Leadership Quotes and
SSSarkar
06-23 09:23 AM
My lawyer have said that I need to submit last year's tax return.
Are you sure you have to submit the tax forms for filing I-485?
Are you sure you have to submit the tax forms for filing I-485?
more...
desi3933
02-26 11:14 PM
Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.
No.
___________________
Not a legal advice.
No.
___________________
Not a legal advice.
eImmigJr
10-23 07:37 PM
Mine is a similiar case, would like to add more info to this post.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
more...
ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
2010 They didn#39;t know how good
kc_p21
06-15 09:43 PM
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
more...
mmanurker
10-07 11:32 AM
irrational - Sorry to say this is little bit unlucky case. This happened to me also. My case got transferred to VSC from TSC in July 2009 and from then it is sitting there with no progress. Taken info pass but no use. (Yet to think about the next steps!).
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).
so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:
only service center that is left out is California:D
I applied for EAD and AP in Aug last week and got the approved copies in Sep second week. I sent the application to TSC.
mmanurker - Can you please tell me how long your application was present in VSC? Also did you do anything to move it back to TSC or NSC.
my case was in VSC for about 10 months then for last 10 days or so its been going back and forth. I did not do anything at all at my end to move it back to TSC. You wont believe this, i got another email this morning that my case has been transferred again to Lincoln,NE (i guess this is Nebraska Service Center).
so now the sequence is TSC--->VSC--->TSC---->NSC---->USCIS Office(local office)--->Lincoln, NE:confused:
only service center that is left out is California:D
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Dhundhun
06-26 01:02 PM
If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485
No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.
As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.
No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.
As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.
more...
inthehole
08-24 01:15 PM
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
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inskrish
08-22 12:49 AM
Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)
I couldn't agree any more.:)
I couldn't agree any more.:)
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chi_shark
04-28 11:29 AM
"approvable" is the right term.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
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nixstor
04-03 04:45 PM
o.k ..here is the link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
How many days ahead can one apply for the EAD now? Is it still 120 days or Is it 90 days now?
Thanks
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
let me ask something related ..guys please reply.
which is better - using efile or by sending the application by mail ?
if sending it by mail - do you have to go for fingerprinting ??
I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!
How many days ahead can one apply for the EAD now? Is it still 120 days or Is it 90 days now?
Thanks
more...
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ARUNRAMANATHAN
09-24 04:56 PM
USCIS dont care ...so dont worry !
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whoever
07-25 03:48 PM
now what you want to protest for? i guess it should not be misused.
more...
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paskal
06-24 10:00 PM
i think you mean I-864
correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:
http://www.uscis.gov/files/form/I-864.pdf
I-485 instructions are very clear on who needs the I-865 form.
the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
NO tax forms are needed per my reading, check for yourself.
http://www.uscis.gov/files/form/i-485.pdf
correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:
http://www.uscis.gov/files/form/I-864.pdf
I-485 instructions are very clear on who needs the I-865 form.
the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
NO tax forms are needed per my reading, check for yourself.
http://www.uscis.gov/files/form/i-485.pdf
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funnymdguy
11-16 02:57 PM
same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.
Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?
Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?
Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?
Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?
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MrWaitingGC
06-01 07:12 PM
One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.
waiting4gc42long
08-11 01:14 AM
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.
I would say file it together.. thats the best..
He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.
test101
07-17 07:42 PM
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
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