Saturday, June 11, 2011

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  • addsf345
    11-20 04:21 PM
    Co-sufferers,

    Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

    There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

    I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

    Thanks all for sharing.:)

    I personally know one my co-worker and other a friend's friend. Both from India & didn't even informed INS (now CIS) about job change. No RFE, they did recieve their GC without any issues.





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  • permfiling
    06-22 12:20 PM
    Hi GreenCardForUS,
    What letter did you send , the current employer for the past employment letter A as I am in a similar boat. I sent you a PM, please take a look and reply

    Thanks





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  • krucie
    03-16 02:42 PM
    Done. Can you answer the question now?





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  • msr999
    08-14 07:46 PM
    Thanks ConchShell.

    By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.



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  • logiclife
    06-20 01:58 PM
    UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.





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  • goel_ar
    12-20 10:28 AM
    Everyone knows about Illegal immigration - no one knows about legal immigration.

    We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
    Working with lawmakers is ok but they don't get asked by their voters to support legal EB immigration first before illegal immigration. Hence lawmakers never feel pressure to support legal EB immigration.
    We need to try to go to wider audience instead of targetted audience (lawmakers) - which has been IVs approach for long time.

    People need to know us more than indian 'software' techies. They need to understand how we got there, how we contribute to society, maintain status & maintain job without years.

    We need to look for support among all people who values skilled workforce...


    (I hope IV admins won't kill this thread as they don't like their criticism - like $2 thread- )...



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  • dealsnet
    03-27 02:42 PM
    Read this thread and find your answers. Do you have medical insurance for the parents ?

    http://immigrationvoice.org/forum/showthread.php?t=24597&page=2





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  • ronhira
    01-09 03:18 PM
    this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....



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  • pappu
    09-09 08:01 PM
    http://www.h1bfraud.com

    If you are the owner of this site, pls post information how people should report any breaking of law.

    Thanks for posing IV link on your homepage.





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  • clockwork
    08-26 10:08 AM
    clockwork :

    Mine is the same case....Did you have LUD on your I-485. Mine was received by J.Barrett on July 2nd and has an LUD on 8/5. Not received the RN yet.

    You are asking about LUD on I-140 right? Yes. I had LUD on my approved I-140 on 08/05/07. Thanks -



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  • gconmymind
    04-22 04:57 PM
    This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.

    If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.

    ----------------------------------
    I think I will change my ID to "(Non)Eternal_Hope"

    The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!

    Peace..





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  • sparklinks
    06-16 08:32 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185

    Dont worry that is the common message for USCIS PO Box...Your mail will be @USCIS



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  • ras
    07-12 07:29 PM
    :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:

    I guess u could interfile with the first 140





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  • fatjoe
    11-07 12:47 PM
    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04

    Hi ttdam:
    Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?



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  • sajna_sinha20
    03-05 05:11 PM
    Can someone post a sample letter for removing lawyer from G28 and a notice to represent case himself/herself





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  • andy garcia
    02-21 09:22 AM
    I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.

    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.



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  • HRPRO
    02-23 10:26 AM
    Depends Jax

    If you are still on a H or L and have a valid visa, you can enter using that as well but if you working on an EAD, all yopu will need is the parole document.





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  • Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxvEoc4kQvghyphenhyphenkXdKaGtBwaqiRV3klIGUQEyWp4WKf6p4RHho-T2sD5gQx05NAmDrT6bPxJEyKabsTRJcGpdIf0D_rUxuAg8VpiZ4ewwS42wfwV4VWmE774JVvoJnUxNU0raSlxTRTatUv/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgxvEoc4kQvghyphenhyphenkXdKaGtBwaqiRV3klIGUQEyWp4WKf6p4RHho-T2sD5gQx05NAmDrT6bPxJEyKabsTRJcGpdIf0D_rUxuAg8VpiZ4ewwS42wfwV4VWmE774JVvoJnUxNU0raSlxTRTatUv/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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  • shx
    09-29 04:55 PM
    Thanks everyone for all the responses!





    goel_ar
    12-20 01:45 PM
    I am all up for it & won't mind doing it all...





    punjabi
    02-25 12:45 AM
    Hi,

    Another consulting company may very well hold your H1B, but you will have to be working through them. You cannot sit on bench and they "hold" your visa. I will suggest transferring your visa ASAP to another company.

    You can very well go to H4 and again go to H1B under new quota, but why take the risk? If you are not selected in lottery, you again have to wait until next year.

    Get your H1 transferred and find a job agressively.

    Good luck, my friend.






    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.....



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