bekugc
03-04 04:46 PM
hello;
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
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andy garcia
01-03 03:04 PM
Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
go_guy123
12-09 09:31 AM
Dream passed the house.
Upto the Senate now........
Its needs 60 votes to stop filibuster in Senate.
Upto the Senate now........
Its needs 60 votes to stop filibuster in Senate.
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EndlessWait
04-12 07:12 PM
Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.
Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.
Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.
IV should consider this seriously and debate.
Say what???
:-)
Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.
Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.
IV should consider this seriously and debate.
Say what???
:-)
more...
NikNikon
June 25th, 2006, 08:48 PM
As I'm reading about Fred streaking for some photographs I suddenly remember the title of this thread, "black spot on images" and I think to myself if there's black spots showing up on some images it would need to be these "Fred pics". Nothing personal Fred but I don't swing that way. ;)
kaisersose
06-23 11:51 PM
Gurus, help needed urgently - I had mailed my I-765 on Saturday via express delivery to the Texas Service Center as I live in NJ. The address I sent it to was
USCIS
Texas Service Center
P.O Box 851041
Mesquite, TX 75185-1041
I checked my USPS tracking status, and it says the following
We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?
Yes. I sent my ead renewal app on friday to reach on saturday. On saturday, when I checked the status, it was exactly the status you have written. When I checked again this morning (Monday), it said the mail was accepted at 5.30 am this morning.
I find it hard to believe the mail was delivered to and was signed by someone at USCIS at 5.30 in the morning. So I think it is just a problem with USPS and the way they update status.
USCIS
Texas Service Center
P.O Box 851041
Mesquite, TX 75185-1041
I checked my USPS tracking status, and it says the following
We attempted to deliver your item at 10:33 AM on June 23, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
Has this happened with anyone else? I cross checked the address and its correct. So what should be done in this case?
Yes. I sent my ead renewal app on friday to reach on saturday. On saturday, when I checked the status, it was exactly the status you have written. When I checked again this morning (Monday), it said the mail was accepted at 5.30 am this morning.
I find it hard to believe the mail was delivered to and was signed by someone at USCIS at 5.30 in the morning. So I think it is just a problem with USPS and the way they update status.
more...
wandmaker
02-23 11:02 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
/ You can transfer to H4 as long as you have all the paper work /
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
/ Yes, COS from H4 to H1 /
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
/ Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
See Inline.
Please update your profile
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
/ You can transfer to H4 as long as you have all the paper work /
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
/ Yes, COS from H4 to H1 /
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
/ Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
See Inline.
Please update your profile
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girishvar
08-10 04:44 PM
No Priority Date mentioned or upto 2002 - 51
2003 - 46
2004 - 117
2005 - 140
Upto May 31, 2006 - 70
2003 - 46
2004 - 117
2005 - 140
Upto May 31, 2006 - 70
more...
partha_vus
09-28 09:00 AM
1. You can negotiate with him and pay and leave.
2. when you are on benach if he is not paid you the salary you can also sue him/threat him.
Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.:)
2. when you are on benach if he is not paid you the salary you can also sue him/threat him.
Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.:)
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noida123
03-14 01:43 PM
Indian Banks are not obligated to report interest Income and send a 1099 as they are not bound by US Laws. Citi sends it since it is a US Bank
more...
apahilaj
09-12 03:28 PM
Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
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for_gc
06-14 03:44 PM
Question is who will bell the cat.
more...
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STAmisha
11-17 05:47 PM
Please do post it.
I will also follow up with my lawyer.
Thanks
I will also follow up with my lawyer.
Thanks
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watzgc
02-12 07:44 PM
Thanks lazycis for ur time to reply. is it must to fill I-9 form again to use with EAD even for the same employer. My attorney says continue as it is. mm.. confusing..
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
Btw, one more quesitons, for my son, I-485 status says Application rejected bcoz of incorrect fee (but attorney already sent correct fee !!) and I got I-131 AP for my son. Does that mean, USCIS accepted my sons I-485 application?.
Thanks lot again.
more...
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amalshe
12-09 03:32 PM
Hi,
Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
Thanks in advance.
Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
Thanks in advance.
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gcnirvana
04-26 08:14 PM
Brownback rescinds immigration bill support
http://washingtontimes.com/national/20070425-110212-8486r.htm
Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.
"I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.
I agree with Logiclife. This is a news article and gcretroiv should have posted it in the News Article Thread. This way forum members can read it and it does not stick out as bad as it is right now.
http://washingtontimes.com/national/20070425-110212-8486r.htm
Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.
"I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.
I agree with Logiclife. This is a news article and gcretroiv should have posted it in the News Article Thread. This way forum members can read it and it does not stick out as bad as it is right now.
more...
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vrbest
11-14 11:36 AM
our case was recvd by uscis on July 23. we got our EAD card, FP notices , 485 receipts already. But 485 status is not online yet. I really dont need to worry about it, but was wondering if anyone is similar situation..
thanks
thanks
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IAspire
02-20 11:54 PM
Hi All
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
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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.
Jaime
09-16 02:02 AM
bump
bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.