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  • surya.kant
    06-19 01:16 PM
    Hi,

    I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.

    Following are the context from the RFE document.
    ---------------------------------------------------------

    U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:

    Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.

    Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.

    Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.

    For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

    For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.

    If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.

    This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.


    Surya





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  • java4yogi
    09-03 03:17 PM
    Hello Friends,

    Could somebody pls. help and respond to this query.

    In case of approved Change of Status from H4-H1B , when can the H1B holder apply for a SSN. Do we need to wait till Oct. 1 to apply for the SSN or can we apply earlier.

    I heard that it can take anytime between 2-8 weeks and the H1B holder is not supposed to start working till they receive the SSN.

    Thanks a lot for your help, its greatly appreciated.





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  • ChangingJobs
    06-29 10:27 PM
    Here is my situation:

    - I have a valid H1B and EAD through Employer A. My current status is H1B.

    - I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:

    1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.

    2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.


    Your answer will be very helpful for me to take the right decision.

    Thanks in Advance





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  • Totoro
    05-08 11:25 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:

    I am always wary of an email asking for personal information. I sent her an email and asked for her to reply with a telephone number to call. I have heard nothing back. She looks legit, but I need to be sure. I did the same with the San Jose reporter and he sent me his phone number. So that was fine.



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  • saint_2010
    07-11 04:44 PM
    Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.

    Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?





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  • gvenkat
    05-20 04:33 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    Good if at all anything thats our only hope. If there is only amnesty for illegals atleast we can be illegals rightfully.. like overstay or even not be on H1.. etc... :D:D



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  • lxz2011
    12-19 12:04 AM
    I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
    So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant? Am I deport-able? Am I visa overstayed? Since I did came here legally.
    and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
    I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.





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  • USDream2Dust
    06-14 11:08 AM
    Thanks for quick reply. I know that company can rent out but I am just betting for 1 year. That would give me some boost to pay part of mortgage. Later I would even manage on my own.



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  • madhusrini
    05-31 04:58 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini





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  • gcisadawg
    04-16 04:27 PM
    Are there civil surgeons approved by USCIS in India who can do the TB test for her?

    There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.

    bbct & vin13,

    Thanks for all your feedback.

    I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
    It can not be interchanged since the forms and procedures are different.

    Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.

    We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!

    -GCisaDawg



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  • katewill
    09-11 01:52 PM
    Yes, I would like to know how many of you are 01~02 PDs.





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  • GCanyMinute
    09-10 08:42 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.



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  • file485
    07-09 08:36 AM
    There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.

    This happened in early 2007.

    ______________________
    Not a legal advice

    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?





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  • BEC_fog
    02-27 09:10 AM
    One interseting thing you mentioned about your current employer "which is paying me half of what I should be earning as a GC holder".

    Not paying the prevailing wage that the employer promised in the GC application....I don't know if you can use that to move and show that you wanted to work but the employer was not paying the prevailing wage and you had no option but to leave? I am sure that this is illegal on part of the employer...make sure you keep your paystubs to show this. But consult an attorney to see what he/she thinks.



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  • waitingnwaiting
    05-20 10:30 AM
    i think she fell asleep on keyboard, before she could finish the question :D

    Its part of a puzzle game.

    She is posting one fraction of the question one site, other fractions on other site.

    Now you have to assemble all pieces together and respond to her.

    If you win, you get to date her. She is only looking for smart guys and this explains the plot :D





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  • shana04
    01-26 12:25 PM
    I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

    Can someone please confirm.

    yes, that is correct



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  • cooldudesfo
    09-11 04:19 PM
    http://www.murthy.com/news/n_begbis.html





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  • dionysus
    03-18 02:32 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?





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  • usirit
    07-19 09:22 AM
    I live in Noblesville. Please let me know of meetings related to IV in Indianapolis or surroundings.





    sayonara
    09-11 05:17 PM
    Does your Attorney says that counter will start from Aug 28, 2007 ?

    Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?

    I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.

    Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:





    MyGCPath
    10-23 01:51 PM
    I have received my Card recently. See my signature for detail information.

    I need advice/thoughts from you (Guys/Guru's) on some of the questions below. Any response will be really appreciated.

    1. Got my 485 approval and GC (phycical Card) in hand. What is next? Do I need to get a Infopass appointment and get stamped before any abroad travel?

    2. Before receiving 485 approval, my wife and kid went on a Vacation(abroad). Their H4 visa expired on passport, but they have h4 extension/approval till 2010? I was thinking of sending them to H4 stamping, but now that I have 485 approval for them, What should I do? Just bring them here and show GC at port of entry? (Ofcourse, I'll take their GC go abroad and bring them back)?

    3. Anything i should be aware or concern about these situation?



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