Wednesday, June 15, 2011

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  • Ramba
    09-17 06:53 PM
    My PD is July 2004,
    RD July 2, 2007 - NSC
    ND : Aug 9, 2007
    I-140 (EB2) approved in Nov 2006 (Single I140)
    NC Cleared Oct 2007
    Biometrics Updated by USCIS on Feb 2009
    Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
    Last slud on Apr 14, 2009.

    I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
    Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))

    ?
    Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
    I wanted to know if anyone faced similar issue and how to fix this .
    Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
    Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

    PLEASE HELP.:confused: :mad:

    what does your I-140 approval notice say? Have you showed the I-140 notice to IO at infopass?





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  • snathan
    11-27 01:16 PM
    My situation:

    I've been given offers by two companies, A and B.
    I am currently under my F1 student visa, OPT status, my OPT started at July 2010.

    Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.

    Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.

    My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.

    I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!

    You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.





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  • inskrish
    04-18 09:42 PM
    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.

    Hi,

    Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.





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  • 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)



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  • CreatedToday
    02-11 05:55 PM
    To lighten up the moment after March Visa bulletin holds no prospects...

    http://thepinkchaddicampaign.blogspot.com/





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  • Sakthisagar
    11-26 10:50 AM
    Sorry imh1b,

    I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.

    Now all RED dots are welcome.

    MC

    There is nothing to reach a level or something like that, if you are politically involved you will be a friend of that Senator or Congressmen and this photo is taken way back in 2002. All Indians are not like that. Plaase correct your wrong notion, there are lot of people who still maintains their culture, Unless they just sell their culture for the selfish benefits. like Nikki, and Bobby Jindal.



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  • yganreddy
    09-16 12:11 AM
    Also I suggest to take an infopass and explain the situation to officer. Take a printout of approval mail and give a try.





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  • chi_shark
    05-06 03:03 PM
    Does replying to RFE along with all required documents means GC is coming soon ??

    Augustus..did you get GC yet ?

    Thanks



    yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...



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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.





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  • eb2dec2005
    08-18 11:17 AM
    hi,

    I am in the same boat too. After liivng at the same place for more than 3 yrs,I have now decided to move on to new place, closer to work and to the kids school.

    I am no longer with the employer through whom i filed the GC. Iam currently working on EAD as a permanent employee with a new company.(i haven't used AC21 either).

    I don't want to file an AR11 with USCIS for address change.

    Can somebody suggest as to what options i have regarding forwarding of mails from USCIS?

    Thanks,



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  • thomachan72
    01-12 08:28 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Hi Floridasun, hope your superstition pulls off a miracle!!
    If it does I would strongly adivce you to purchase a lottery ticket :):):)





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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.



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  • desitechie
    10-06 03:13 PM
    hello ,

    I filed a address change on line , 10 days back no LUD on any of my forms

    EAD, 131 and I 485 , i know that USCIS should send a mail conforming the

    same How long will it take to get this mail


    thanks

    Did you get the snail mail from USCIS for the AR11 address change?

    Thanks





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  • KbK
    07-20 04:38 PM
    Hi eagerr2i,

    Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
    Thanks buddy for your help.



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  • smisachu
    05-16 10:23 AM
    Please call the reps..Lets get these things through. We finally have critical mass.





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  • bharol
    01-12 01:56 AM
    I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?

    It is your call.
    If you think your job is quite stable and you would be OK for next 1-2 years and your PD is close it is worth staying here because if US economy is bad I don't think Canadian Economy would do very good either.
    Otherwise you should try to maintain canadian GC. As they say a bird in hand..... If you can find a job in canada life there is good. I was in a similar dilemma as you last year but by God's grace got my GC in time.

    Some people told me last year that Canadians are not very strict about enforcing 3 year presence rule. Some people were admitted even after they stayed out for more than 3 years after landing.

    But today I read on this forum that they strict these days.



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  • minimalist
    09-16 04:34 PM
    about so much uproar and fighting about not letting illegal immigrants have healthcare.
    Dems even explicitly stated in the bill that no illegals will be eligible for the benefit.
    They must be laughing inside because after the CIR, there will be not many illegals left.

    Anyway just an observation.

    Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.

    So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )

    That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....





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  • HRPRO
    02-23 11:28 AM
    ARC,

    My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.





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  • nlssubbu
    06-20 02:41 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks





    cinqsit
    10-10 07:55 AM
    I have requested again for the screenshot mentioning the same and waiting on a response. You do seem to have an idea how it looks like, if you dont mind, would you be able to post a screenshot with all information greyed out. With that handy, if they come back with, 'no way' I can go back at them hard saying they are BS'ing me and call their bluff.

    Thanks again!

    If I were you I wont try and get confrontational with the employer HR or attorneys as
    you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!





    Jerrome
    10-18 05:56 PM
    I have got EAD and AP.I think i would not have got them if the 140 is not filled.

    I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

    I wanted to know is there a way out.



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