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Saturday, June 11, 2011

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sagittarian

12-19 10:32 AM

Sagittarian,

Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
Hi Uma001,

Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.

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stucklabor

03-16 09:36 AM

I am not sure how we can conclude that there is massive corruption and mismanagement. According to this report, tons of immigration applicants knowingly commit fraud in their applications. For instance, people file frivolous I485 applications that have no chance of succeeding, just to get EAD/AP. USCIS is having trouble balancing the Presidential mandate to reduce the backlog - which means faster processing of each application - with the need to detect and prevent fraud, which means taking a longer time over each application.

The title of this thread is quite misleading, IMHO.

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nixstor

09-18 02:37 PM

I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.

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Hope_GC

07-17 07:47 PM

Really Thank and Appreciate Mr Gonzales.

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FredG

June 2nd, 2004, 09:14 PM

I can now sort of say I've been published!Way to go!! Congratulations!!

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Flash-Matic

10-28 10:11 PM

Hello,
I was wondering if anyone (preferably a teen, im 15) would like to make a web design site for a part time job (after school or w/e) Im great with flash and ok with photoshop, fireworks, and dreamweaver. Also i would like some1 who is laid back and likes to have fun while working. I wont be paying anybody anything but we will split the earnings of what we do. You dont have to be the best at any progs , this can be a learning experience and a development of a portfoilio for future jobs(must be good/ok at one web design program) Sorry if thats confsing, im not the best writer but if you are interested email me at chaos@flash-matic.com or reply to this

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vinabath

07-02 03:05 PM

I paid for a 2007 labor for 15k. Now I am screwed.

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gunabcd

06-15 10:03 AM

The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?

I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:

http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf

But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?

I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!

I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?

I think in absense of a newer form by USCIS, the expiry date 6/30/07 means the form can be filled in by 6/30. I think the doctor will use his own form and will not accept if you provide one. This is just my logical thinking and not a rule.

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newworld

03-08 09:57 PM

These talks never mention legal immigration. Americans don't want all sort of immigration: legal or illegal.

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amsgc

12-18 02:22 AM

See response below:

Hello all:

I have few questions related to my travel plans to India. We will be leaving in January 2009.

We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

- You don't need a transit visa for Schipol.

2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

- You don't need any other document; you can carry the I-485 receipt notice.

3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

- visa forms + appointment letter
- Original I-797
- Employment letter
- Original marksheets/degrees as a basis for your H-1B app
- copy of your H-1B petition + LCA
- Pay stubs

I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!

RPH

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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.

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LostInGCProcess

02-24 11:39 AM

I think its not going to be business as usual for H1b holders...nor the employers that sponsored them. I think something is going to change drastically in the coming months...it would be interesting to see what would happen to to the H1b for this FY when they open to doors to accept the application for new H1Bs..

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kaisersose

07-08 10:37 PM

Here is my general suggestion. We have a lot of examples to learn from.

A desi consulting company will pay lesser, may not offer challenging work, and may have some weird restrictions in place. On the plus side, they are relatively more stable than American consulting companies when it comes to green card processing as the liklihood of layoffs are lesser.

People on H-1b should not be out to switch employers for a little extra money. Instead, they should look at the big picture and ask themselves what they want. If the GC is in mind, then plan for it now...not when your 6th year is just closing. If there is no interest in the GC, then you can chase money and join the one who pays more money. However, in many such cases, H-1s have eventually changed their minds and pursued GCs, but valuable time is lost as a consequence of not knowing what they really want.

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lj_rr

11-11 03:47 PM

Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.

My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.

2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.

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zoozee

08-14 05:44 PM

Hi,

Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

Regards
ZooZee

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sgX05

02-12 10:04 AM

All my 140,EAD,AP, H1 renewal approvals have all been from NSC, never had any application at TSC.

So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.

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waitingnwaiting

05-20 10:43 AM

We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,

Was your question

We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?

Guys

Lets complete her questions with various possible choices and help her. Happy Friday. :D

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clockwork

07-18 05:41 PM

just emailed... it should have 4 pdf files.

Done buddy. Please look at my previous post. Thanks for sharing info. :)

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go_gc_way

09-10 07:51 AM

Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.

Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.

Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.

Great job.

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LostInGCProcess

11-14 02:57 PM

Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.

Which center did you file your EAD?

spicy_guy

09-08 05:44 PM

Hi all,
I know the Forums are still pretty active but is the IV Organisation itself still active?

I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.

Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.

If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!

It IS active.
Welcome and good luck!

glus

11-06 02:34 PM

Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.

She is not out of status. A person who filed I485 can not be out of status. Her status is "adjustee - AOS pending". Thanx.

Gejebe

Saturday, June 11, 2011

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