eb3retro
03-05 02:21 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
u got ur response from wandmaker..so long, we WON'T miss you.
u got ur response from wandmaker..so long, we WON'T miss you.
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alien2006
11-17 11:52 AM
I had a similar problem when I applied for my OPT, not once but twice. The one year EAD had a wrong date, the issue date and expiry date was the same. The second time, they didn't give me the correct start date, so I sent it again. No filing fees since it was their mistake.
You souldn't have anything to worry about.
You souldn't have anything to worry about.
immigrant2007
03-01 08:25 PM
Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Quikc question
Want to understand how your files 485 in June2008 for EB3? Was it for India or some oter country?
Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP
Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.
MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)
Quikc question
Want to understand how your files 485 in June2008 for EB3? Was it for India or some oter country?
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gc28262
07-15 05:43 PM
This memo was discussed extensively on this forum in the past and many lawyers have given their opinion.
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
Summary: You don't need to worry. As long as you are on AOS, you are authorized to stay in the country irrespective of your I-94 expiry date.
Here is the memo
http://www.uscis.gov/files/nativedocuments/revision_redesign_AFM.PDF
Here is what Ron Gotcher said:
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Here is another link:
http://immigrationvoice.org/forum/506251-post13.html
more...
statuslaw
01-31 01:28 PM
This is my first H1-b. My interview was on Jan. 4, 2008 in Toronto and got 221g for administrative review. I faxed my research description the VO requested to US consulate in Toronto on Jan. 7, 2008, got the check finished email today. I keep calling DOS for my status during the waiting time. It may work for my case. It is really a pain time. Good luck to you.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
newyorker123
09-28 03:21 PM
How long did it take for you after filing the FOIA to get the concerned documents ?
Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.
But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).
Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.
But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).
more...
nikh
11-30 12:24 PM
As per the document:
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
total EB2 visa available: 40040
Grand total of EB2 pending: 33850
So, technically all the EB2 applicants should get their GC during the fiscal year of 2011. Even in the situation where no fall down from EB1.
Seems like good news for many and hopefully foir EB3s as well if further fall down of visas occur.
Guess, USCIS should wake up and move the dates faster instead of jungling during last quarter of the fiscal year.
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raj1998
05-16 02:55 PM
USCIS - NEWS (http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=68439c7755cb9010VgnVCM10000045 f3d6a1RCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
more...
gene77
11-06 01:33 PM
This topic has been discussed a zillion times in this forum. Please search all the threads.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
Any news/LUDs on you I-485 yet pd_recapturing? Your lawyer sent the interfile request some weeks ago right? I'm still awaiting approval of my 2nd I-140.
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zuhail
05-08 11:27 AM
This would help you in reviewing the content and format of AC21 letter.
USCIS Guidelines on AC21:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
You can send it to your attorney for his perusal.
Good Luck!
USCIS Guidelines on AC21:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
You can send it to your attorney for his perusal.
Good Luck!
more...
Polk1848
06-13 11:16 AM
IV core shud approach republicans who are saying no amnesty to law breakers.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
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glus
11-12 10:33 AM
Hi,
I just asked my attorney if she had a direct contact with Mr. Opperheim, the person responsible for VB. If she does respond, I will provide the address / email here. I am writing to them. It does not make any sense. My opinion is that they are giving USCIS a December brake now. If the 485 report released by USCIS is true and reliable, the RoW dates for Dec should have been moved to mid or end of 2003 now.
I just asked my attorney if she had a direct contact with Mr. Opperheim, the person responsible for VB. If she does respond, I will provide the address / email here. I am writing to them. It does not make any sense. My opinion is that they are giving USCIS a December brake now. If the 485 report released by USCIS is true and reliable, the RoW dates for Dec should have been moved to mid or end of 2003 now.
more...
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flresident
09-05 02:46 PM
I had got RFE email on 8/28/08. I got the letter today in mail.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
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pappu
10-02 11:58 AM
This article is old (Dt:06-Sep-06) but has correctly predicted about SKILL bill going to lame-duck session.
It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648
Regards,
Sreekanth
thanks. I have written to the magazine today and will followup in a few days. However I urge sreekanth and IV members to write to
mmcgee@cmp.com
Marianne Kolbasuk McGee
and copy
rpreston@cmp.com
Rob Preston
jpfoley@cmp.com
John Foley
cjmurphy@cmp.com
Chris Murphy
tasmith@cmp.com
Tom Smith
several emails from IV members will surely help our cause. Pls. post on this forum once you have written so that we all know how many people took action.
It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648
Regards,
Sreekanth
thanks. I have written to the magazine today and will followup in a few days. However I urge sreekanth and IV members to write to
mmcgee@cmp.com
Marianne Kolbasuk McGee
and copy
rpreston@cmp.com
Rob Preston
jpfoley@cmp.com
John Foley
cjmurphy@cmp.com
Chris Murphy
tasmith@cmp.com
Tom Smith
several emails from IV members will surely help our cause. Pls. post on this forum once you have written so that we all know how many people took action.
more...
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parimmigv
10-08 06:05 PM
Thanks for detailed responses.
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pranju
08-03 10:11 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
There you go...)
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
There you go...)
more...
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gc_check
04-29 11:49 AM
I attached notarized copy of birth certificate, but not to passport as we are also sending the original.
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mohit7ul
07-13 02:10 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
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krishnam70
02-27 02:03 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
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.
rp0lol
04-13 01:29 PM
Congratulations.. Keep supporing IV in future.
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