Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
An earlier blog post "Silicon Valley Employers Need to Prepare for Surprise USCIS Visits" (http://www.siliconvalleyimmigrationlawyer.com/2009/10/silicon-valley-employers-need.html#more) described the "new normal" of USCIS employees or contractors showing up unexpectedly and inquiring about past visa petitions and foreign national workers. A recently held Department of Homeland Security program, titled, "2009 Government and Employers: Working Together to Ensure a Legal Workforce" sheds more light onto the types of visits being conducted.
Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0353f8e5492ec110VgnVCM1000004718190aRCR D&vgnextchannel=2af29c7755cb9010VgnVCM10000045f3d6a1 RCRD) office, explained the three types of site visits that are currently being conducted:
Risk Assessment Program fraud study. Applicable to any type of benefit program, including family and employment-based visas, this study is part of a joint program between USCIS and ICE (Immigration Customs and Enforcement). Applications and petitions are chosen at random, usually on a post-approval basis, for visits to help in designing profiles of potential fraud.
Targeted site visits. These visits take place where fraud is suspected, and consist of a visit to ask questions. Advance notice, including notice to counsel, is supposed to be provided.
Administrative site visits. These relate to religious worker and H-1B petitions (http://www.geelaw.com/lawyer-attorney-1054805.html). They generally are conducted by contractors who know nothing of immigration law. Religious worker visits are performed under the regulations for that category. For H-1B site visits, the contractors have been equipped with a set of specific questions, and all employers/beneficiaries should be asked pretty much the same questions, primarily reaching the issues of whether there's really an employer there, whether the employer knows it filed the petition, and whether the beneficiary is doing the work and receiving the wage indicated on the petition. H-1B visits are done on a post-adjudication basis, and are randomly selected. Each employer should receive only one such visit, but may receive different visits for different sites.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/why-uscis-might-be-at-your-doo.html)
wallpaper Casey Anthony Case Update:
singhsa3
08-08 02:20 PM
No this time I will prefer hunger strike.. Care to participate?
Why don't you file a lawsuit? :)
Why don't you file a lawsuit? :)
indo_obama
05-12 11:44 AM
Only making rules more worse and confusing.............:cool:
2011 Casey Anthony Trial Update: Witnesses describe | Gather
u.misc
01-21 09:58 AM
Hi,
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
more...
eb3India
06-22 10:35 AM
Congradulations again to all those IV memeber who are getting Green card approvals and goodluck to all those members who are able to file their I485 and get EAD, just to be out of H1B /H4 clutches and one more step closer to green card
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
Anders �stberg
April 22nd, 2004, 12:46 PM
I like the DOF, and it would also work if the whole string of flowers were sharp.
There is possibly a bit too much flash, the shadows between the flowers are a bit hard IMHO.
I'd clone out the leaf at the lower left.
My .02 Krona :)
-Anders
There is possibly a bit too much flash, the shadows between the flowers are a bit hard IMHO.
I'd clone out the leaf at the lower left.
My .02 Krona :)
-Anders
more...
meridiani.planum
12-14 05:49 PM
Our AP saga got its final miracle today. (at least I think it’s the final one…) Though my spouse’s and daughter's AP were finally got approved yesterday, the miracle is that TSC has decided to expedite and overnight them, based on a fax from my father-in-law’s doctor.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS…..…and overnight-ing them!
Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.
Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake… the overnight-ing….
After a season of dryness, it doesn't just rain, it pours!
write to the ombudsman. So much circus for an AP? When you applied 5 months ago!!
oh, and congrats on getting your AP in time for your travel plans.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS…..…and overnight-ing them!
Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.
Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake… the overnight-ing….
After a season of dryness, it doesn't just rain, it pours!
write to the ombudsman. So much circus for an AP? When you applied 5 months ago!!
oh, and congrats on getting your AP in time for your travel plans.
2010 dresses Casey Anthony Update:
McLuvin
04-16 03:38 PM
IV, you guys are doing it.....
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
I know for sure that Shusterman is one of the reputed Lawyer's... Its good to see people like him spending some time in this forum.
Also, if this is Mr.Shusterman himself participating in this forum or a member of his team participating. Can you throw some light into EB Immigration in the current CIR. What is that the EB folks can expect?
BR,
K
more...
willgetgc2005
09-14 07:13 PM
Hi,
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
hair Watch Live casey anthony trial
immilaw
09-14 12:10 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
It looks like she is. She has three years BCA and is short of 1 year but you said she has completed one year of MSc so using that one year plus three years BCA, she will be eligible. Make sure she has one full years of MSc trancripts. If she has deffered taking exams or something like this and has not completed the required credits then she might not be. I will suggest you to fax her transcripts to an evaluator and get an evaluation. It should cost $80-100 only but you will be able to sleep at night.
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
It looks like she is. She has three years BCA and is short of 1 year but you said she has completed one year of MSc so using that one year plus three years BCA, she will be eligible. Make sure she has one full years of MSc trancripts. If she has deffered taking exams or something like this and has not completed the required credits then she might not be. I will suggest you to fax her transcripts to an evaluator and get an evaluation. It should cost $80-100 only but you will be able to sleep at night.
more...
rams75
09-29 11:49 AM
Switch from Adjustment of Status (AOS) to Consular Processing. The caveat is you lose your EAD and will have to wait for your PD to be current before you can work in the US again. Unless you get a new H1 and want to start over!
hot Casey Anthony Update:
saimrathi
08-07 03:52 PM
EB -2 India..
congrats. was it EB2 or EB3?
All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )
congrats. was it EB2 or EB3?
All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )
more...
house images Casey Anthony Trial
vactorboy29
11-30 02:04 PM
I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
I am also in same boat.Applied on 15 oct ,so far no receipt.
I am also in same boat.Applied on 15 oct ,so far no receipt.
tattoo Casey Anthony Trial Day 5
insbaby
08-24 12:34 PM
I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.
TRUE.
It is 15 days (not business) including week ends.
Here are some hidden facts:
* 15 days window DOES NOT start from the day USCIS receives application.
* 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
* 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
* When there is an RFE, the 15 days window clock STOPS.
while( case != approved && case != denied )
{
* RFE is issued
***** 15 days clock now is reset to 0 *****
* 15 days window DOES NOT start from the day USCIS receives RFE Response.
* 15 days window DOES NOT start from the day case status says "RFE Response received".
* 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
}
more...
pictures Issues On Call: BREAKING UPDATE 6-13-2011: Casey Anthony Trial.
CSPAmom
08-15 04:36 AM
Thank you, Krishnam70. I will get an attorney's assistance. If anyone knows a successful case, please let me know. Thanks!
dresses Breaking News Casey Anthony
satyasaich
12-02 09:51 AM
For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)
Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)
Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.
I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.
This is a complex situation, you should consult a lawyer.
Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)
Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.
I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.
This is a complex situation, you should consult a lawyer.
more...
makeup In Casey Anthony Trial
gc_kaavaali
08-24 10:27 PM
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
Hi All,
I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.
thanks
Hi All,
I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.
thanks
girlfriend May 24, 2011. Casey Anthony
neeidd
07-14 01:06 PM
Hi Gurus,
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
I need some advice from you guys
My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice
Thanks
hairstyles Casey Anthony Crime Scene
dan19
10-04 11:19 PM
You can do it anywhere. I got my F1-H1 change of status stamping from Canada.
For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?
I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!
Thanks
Roshni
For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?
I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!
Thanks
Roshni
sixburgh
08-04 09:31 PM
I am also in a similar boat, see my thread at http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599399-sharing-experience-h1-stamping-in-india-while-485-pending.html
Can a lawyer please comment on this?
Does using an H1 stamp to re-enter USA create any issues with my pending 485?
I do have an AP in hand too.
I too am working for the same employer who are helping me keep my H1 while 485 is pending.
Can a lawyer please comment on this?
Does using an H1 stamp to re-enter USA create any issues with my pending 485?
I do have an AP in hand too.
I too am working for the same employer who are helping me keep my H1 while 485 is pending.
testsite
11-03 10:26 AM
Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?