hotshots
06-04 10:37 AM
From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
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lostinbeta
10-08 12:42 PM
:o I don't think I have ever "seen" you uninspired eilsoe!
nk2006
05-02 12:03 PM
a. If I move now, can I take my 3 yr extension filed by company A with me or
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
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gconmymind
11-14 11:59 AM
I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
- The A0XX XXX XXX is the A number or alien number
- Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
- No one knows when you will get your GC. Your PD is old so you may get lucky soon...
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
- The A0XX XXX XXX is the A number or alien number
- Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
- No one knows when you will get your GC. Your PD is old so you may get lucky soon...
more...
khris49
10-21 11:56 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
TomPlate
03-07 10:41 AM
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
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
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
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
more...
nozerd
02-01 12:40 PM
Landing is when you formally enter Canada as a Permanant Resident.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
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harivenkat
05-05 12:16 PM
Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)
Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT
A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.
If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.
The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.
Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.
The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.
"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.
Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.
Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.
But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.
Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.
Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.
But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."
There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.
"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."
Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.
About the bill
If passed, House Bill 2479, would:
# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.
# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.
# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.
# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.
According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.
Click here to read the full proposal.
Political outlook
In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.
Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.
But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.
State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.
"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.
Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
By JEFF FRANTZ
Daily Record/Sunday News
Updated: 05/04/2010 10:43:28 PM MDT
A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.
If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.
The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.
Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.
The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.
"What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.
Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.
Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.
But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.
Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.
Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.
But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."
There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.
"You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."
Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.
About the bill
If passed, House Bill 2479, would:
# Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.
# Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.
# Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.
# Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.
According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.
Click here to read the full proposal.
Political outlook
In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.
Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.
But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.
State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.
"It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.
more...
langagadu
03-29 03:49 PM
Ready
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bitzbytz
07-13 02:55 PM
i do agree. can we leave this over here.....i will refrain from unncessary posts in future...
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paskal
08-23 03:48 PM
please join your state chapter if you have not done so already!
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eb2_immigrant
10-22 08:17 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
So to confirm if what you are thinking is true or not I called USCIS,
The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center
As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.
After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.
Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.
I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen
Any thoughts ......??????
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
So to confirm if what you are thinking is true or not I called USCIS,
The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center
As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.
After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.
Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.
I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen
Any thoughts ......??????
more...
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Jaime
09-11 04:03 PM
By coming to DC!!!!
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nfinity
01-20 01:40 PM
fantastic theme and integration! way to go
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Bpositive
03-05 01:22 PM
DO they tell you to reschedule the appointment or just ask you to come with FP notice by doing walk-in after it heals. Also do they put a note in their system that you could not give the FP because of so and so reason. Also anyone knows what Boston ASC does , whether they permit walk-ins during the week.
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
You said you went after a month, so I assume that they must have noted that you did appear for the FP but could not do it.
Sorry if I am sounding a little desperate but I just want to get this over with the right way without any hassles.
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
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gg_ny
09-18 03:16 PM
http://felcom.nih.gov/
The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign researchers...as it falls right in the area.
FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign researchers...as it falls right in the area.
FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
more...
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techbuyer77
06-12 07:26 PM
evl is employment veriication letter
My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(
My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(
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anilsal
06-24 10:05 AM
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
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jsb
11-14 11:51 AM
EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.
gcformeornot
06-30 10:29 AM
bumping up:mad:
morchu
05-02 08:56 PM
It looks like I replied you sometime back.
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good