a1b2c3
10-02 11:22 AM
SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
__________________
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
__________________
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meridiani.planum
02-22 11:03 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
Blog Feeds
01-14 08:20 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgs_kxvMYdLo0oH6LF8Tk5UMrn0PMNrnplQu2VNhdeKj3Q4aY8OiGVnCMRCtupLHujztOucxccjANL9nSjCBdOg1_ysCbsfd-VOo-ptJfnMrBRJPWk0AONO-GDw5r-vdJTC_23OA27PnCtK/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgs_kxvMYdLo0oH6LF8Tk5UMrn0PMNrnplQu2VNhdeKj3Q4aY8OiGVnCMRCtupLHujztOucxccjANL9nSjCBdOg1_ysCbsfd-VOo-ptJfnMrBRJPWk0AONO-GDw5r-vdJTC_23OA27PnCtK/s1600-h/uscisLogo.gif)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary with any type of employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
Does the petitioner hire, pay, and have the ability to fire the beneficiary?
Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
Does the petitioner claim the beneficiary for tax purposes?
Does the petitioner provide the beneficiary with any type of employee benefits?
Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
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vine93
10-16 08:48 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
more...
singhsa3
07-25 03:55 PM
That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
Munna Bhai
01-30 07:32 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
more...
GC_Wait2002
07-12 09:18 AM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
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hsingh82
04-09 05:28 PM
Enjoy the freedom!!
more...
rsdang
09-18 11:16 AM
My AP was approved last week (Monday) still to get in mail.
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
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admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
more...
vxg
09-18 04:09 PM
vxg...I disagree with your statement that "stamp...can be forged'. Anything can be forged (e.g. passport, money). If the I-551 is legit what do you have to be afraid of?
wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.
wandmaker is correct. Take infopass, tell them you may have to travel soon and get the stamp. I've done it...nothing wrong with that. By the way, since your I-485 is approved, your AP is no longer valid and you should not use it.
What is stated came from my lawyer and a friend of mine ran into trouble in India where immigration folks gave him hard time and did not believe the stamp when he was returning. At US entry point you will be OK with stamp however you need approval notice as local office will not stamp passport without you having the notice.
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desi3933
01-14 10:57 AM
http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf
__________________
Not a legal advice.
__________________
Not a legal advice.
more...
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ragz4u
02-03 11:13 AM
If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
Watch what you say! We might have Tom Cruise jumping on Oprah's couch cursing ImmigrationVoice for a post like this ;-)
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psaxena
09-01 10:42 AM
was it EB2 or EB3
more...
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another_wei
05-01 04:21 PM
Yes, I did leave after being here more 8 years when my AP was approve i went back to China in 2008. The after 3 weeks visit my family I returned to United States and admitted back ok.
Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)
Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!
Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)
Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!
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loma
04-15 10:03 AM
If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.
This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.
Thanks
Amol
This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.
Thanks
Amol
more...
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Sachin_Stock
02-04 08:23 PM
My question was VERY specific. And I am not in a mood to discuss the trivial information that the responder threw up. It irks me when someone starts giving unsolicited advices instead of answering the question that I had asked.
I am sorry, didn't mean to derail the topic, but my stand was clear.
I am sorry, didn't mean to derail the topic, but my stand was clear.
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abdulazeez77
08-14 06:06 AM
On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.
Regards,
Azeez
Regards,
Azeez
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neoklaus
11-16 05:19 PM
One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)
bluez25
07-26 10:20 PM
Hi Rick,
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
Are you saying plain white paper with out the letter head is fine?
My local police is saying that they do not have a letter head printed.
Can you share your number so I can call you some time today.
I have sent you my local phone number to your IM . Please check..
amsgc
06-20 12:14 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
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