hotshots
06-04 10:37 AM
From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
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abracadabra
07-16 02:02 PM
Interesting, in that case we all are approved :)
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
visaspirant
10-21 11:50 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
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ragz4u
02-18 12:57 PM
I suspect there may be a backdoor to it
I don't think so....let me explain what happened when I moved from one state to another.
When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.
Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)
I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!
But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.
I have been through this and had to go to the DMV three times before I finally got my license.
And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?
Why are we going through such a painful experience in spite of being 100% legal????
I don't think so....let me explain what happened when I moved from one state to another.
When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.
Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)
I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!
But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.
I have been through this and had to go to the DMV three times before I finally got my license.
And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?
Why are we going through such a painful experience in spite of being 100% legal????
more...
lazycis
01-04 01:06 PM
Here is what I usually submit:
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
bsbawa10
08-20 08:13 PM
USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)
History of events
July 21, 2007: Filed I485 with NSC
Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC
July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"
Aug 14, 2008 : Case Transfered to TSC : No reason given.
Anybody in same boat ?
History of events
July 21, 2007: Filed I485 with NSC
Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC
July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"
Aug 14, 2008 : Case Transfered to TSC : No reason given.
Anybody in same boat ?
more...
ImmiLosers
03-10 10:01 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
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malibuguy007
10-01 07:06 PM
I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.
His confirmation number is 86FZ6-TMC55
His confirmation number is 86FZ6-TMC55
more...
ski_dude12
02-17 09:51 PM
We had out fingerprinting done 3 weeks back.
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EndlessWait
02-21 03:41 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
more...
subba
12-27 01:02 PM
I think it would better if we had a picture on the homepage that conveyed these points. That way most people will get the message even if they do not
spend time reading.
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
spend time reading.
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
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reddog
06-18 04:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
more...
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boreal
12-02 01:38 AM
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...
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spgtopper
02-03 09:09 AM
Seems like a step in the right direction....
S.
S.
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ArunAntonio
09-16 01:15 AM
Members in and around the DC area please show up for the Rally, we all need to participate to make this a success.
We all are the benificiaries of any positive out come of this, why not be a part of it?
Please join the rally.
We all are the benificiaries of any positive out come of this, why not be a part of it?
Please join the rally.
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CaliHoneB
09-21 10:50 AM
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
more...
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tnite
11-07 09:59 AM
Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25
I received mine on Nov 3 and my ND is Sep 8.The surprising thing is my AP was approved & mailed out on Oct 31 based on LUD whereas on the AP it is Oct 10 (expires on Oct 9,2008 )which means I received the AP for 11 months and not for a yr.
See my signature for more details.
I received mine on Nov 3 and my ND is Sep 8.The surprising thing is my AP was approved & mailed out on Oct 31 based on LUD whereas on the AP it is Oct 10 (expires on Oct 9,2008 )which means I received the AP for 11 months and not for a yr.
See my signature for more details.
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pappu
08-19 09:02 PM
It takes only one person to start a movement and everyone follows it. When 4 people do it, it will be a seed for something big.
I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.
This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.
Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.
On behalf of core team, we thank you for this effort.
I am sure now we will get people from across the country doing this in their towns, Malls, Grocery stores, temples, restaurants etc.
This is how a grassroots movement catches momentum and is successful. The success of our rally depends on such people who will go out of the way and make the extra effort.
Kudos to Sanjeev, Raj, Murali and Kumar. You are our heroes of the week.
On behalf of core team, we thank you for this effort.
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sdrblr
08-06 06:21 PM
LUD on 7/13 ..... still waiting with a current PD
dreamgc_real
05-03 09:10 PM
Thanks for this input. I'd call them around 10th of this month.
Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?
Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?
rb_248
08-19 03:30 PM
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.
Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.
It looks like they are looking for an authentic document showing son's and parent's names.
Gurus, what do you all think ?
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.
Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.
It looks like they are looking for an authentic document showing son's and parent's names.
Gurus, what do you all think ?
