Sunday, June 12, 2011

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  • eagerr2i
    09-08 01:38 PM
    http://prweb.com/releases/2006/9/prweb435159.htm





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  • paulkurni
    06-17 05:37 PM
    Dude,

    This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.

    If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.





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  • webm
    05-06 09:14 AM
    First of all there is no "substitution labor" anymore..USICS may not accept it according to a new rule set in last yr June..





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  • Libra
    09-15 08:26 PM
    so it means you are waiting for your amnesty right?:p

    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"



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  • martinvisalaw
    02-23 06:04 PM
    YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.

    You need to intend to work for the sponsoring employer once permanent residence is approved.





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  • gatec77
    08-13 12:27 AM
    English translation please.:D

    This means clouds are flooded with GC's and they are dropping to earth drop by drop.



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  • paritp
    03-04 04:34 PM
    congratulations.!!!!!!!!!!!!!!





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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.



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  • ayaskant
    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.





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  • STAmisha
    07-27 02:32 PM
    Bumping up



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  • Nabeel
    10-26 04:34 PM
    I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.





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  • beautifulMind
    02-24 09:03 AM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.

    No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140



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  • gc_chahiye
    09-20 04:07 PM
    I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.

    My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.

    someone please clarify the matter please.......thanks ahead

    your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.





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  • Jaime
    09-15 08:29 PM
    We need the large numbrs in attendance!



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  • kaylamarie
    01-28 12:12 PM
    Can any one please reply... 70 views and no replies





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  • statuslaw
    01-31 12:03 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!



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  • kondur_007
    09-22 02:57 PM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.

    1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.

    2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.

    So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.

    Good Luck.





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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?





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  • smmakani
    04-11 07:19 PM
    I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.

    I don't know if you become eligible for 7th year extension.





    Blog Feeds
    08-08 09:30 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




    More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)





    485InDreams
    09-28 09:38 AM
    Though he can sue you...there are more chances he won't do that ...it would be collateral.....

    As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
    1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
    2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
    3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...

    Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....

    rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...

    he will threaten you...but he won't do anything...he knows its waste of money for him ....

    Best of luck...



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