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  • Berkeleybee
    09-01 07:58 PM
    Hi All,

    Thanks for the warm words.

    I am very much around, just buried under a juggernaut project at work so I can't be IV 24-7. I hope to get a life in a month or so.

    I have too much invested in IV and this whole issue to just walk away. That Senate bill has stuff the IV content team cracked and crafted, which the rest of the crew strategized to actually get into the bill that passed. We have to carry it to the finish line -- which may look like a mirage right now -- but we will get there.

    Keep faith.

    best,
    Berkeleybee




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  • Madhuri
    11-20 06:10 PM
    When did they receive GC approval? Is it recent or 1-2 years ago?

    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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  • simple1
    05-19 11:12 PM
    for immigration diploma + 3 yrs experience is Bachelors equivallent that is True for H1B or EB3

    for further studies diploma is under grad, you will qualify to continue further studies for Bachelors

    yep, I heard exact same when it comes to "edu eval" for work. One of my ex-collegue got h1b with 10+2+3yr-dip-compsci+5 years exp.

    I also hear "edu eval" for "work" and "study" may be two different processes. So not sure about the study part.
    Recognition of Foreign Qualifications (http://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html)




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  • jsb
    09-07 11:02 AM
    ...
    If I do not block my checks my worry is that it might create duplicate cases.
    Yes in my second set of application I did mention the reason why I am filing the second time

    Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok



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  • kaybeedee
    11-05 11:18 AM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec




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  • Blog Feeds
    01-14 08:20 AM
    http://3.bp.blogspot.com/_HrmmM9Zhq1c/S04tovssNVI/AAAAAAAAAYI/V_rZEIpt7vo/s200/uscisLogo.gif (http://3.bp.blogspot.com/_HrmmM9Zhq1c/S04tovssNVI/AAAAAAAAAYI/V_rZEIpt7vo/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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  • ingegarcia
    02-08 09:40 AM
    To apply for green card
    L1A does not need Labor Certificate
    L1B Needs to apply for Labor Certificate.

    The rest of the process is the same.




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  • nb_des
    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?


    A29 1. Sure. Here is the law:
    CHANGING EMPLOYER BEFORE I-140 APPROVAL
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    CHANGING EMPLOYER AFTER I-140 APPROVAL
    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.



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  • vikki76
    04-10 10:28 PM
    My company lawyer had advised me that it is perfectly legal to do moonlighting using EAD card while holding down permanent job on H1-B.




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  • digitalmediatech
    January 27th, 2006, 07:01 PM
    In my opinion, when it comes to the world of digital photography "best" is almost always classified as a "user's personal opinion" on quality, options, price etc. Not to mention when and what type of photography the camera equipment is going to be used for. I know I am clearly not making it as easy as 1,2,3...but tend to side with what the others in the forum have mentioned in previous forums. (you can do a search for previous posts.) I might add that it will also be beneficial to read and stay abreast of some of the photography publications and of course forums such as Dphoto, which now-a-days most, if not all, do a comprehensive list of tests and trials with cameras ans are frequented by many pro's.

    However, I always find it amusing that the different publications seem to choose different cameras as thier "top winner"...talk about personal opinion. I recently came across a review of a camera in which the tester had the camera for nearly one year, in which he was able to give a pretty comprehensive review, while I have read other reviews in which they had the camera for a couple of days (and had two totally different reviews). Lastly, if you stay afloat of the industry and review dphoto I am confident you will be able to develop e better understanding of cameras in the current marketplace and future releases.

    So, what are you projecting to use the camera for? It's alright not to know exactly, since we all change our minds, but it's a good place to start since some subject matter needs the faster shutter speeds, while others need better glass (lenses).

    I hope some of the additional information I have provided you gives you a better insight about the purchase. For additional info, I did write about some of the general differences between an independent mom and pop shop and a large corporate store which can be found inthe forum.



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  • casinoroyale
    06-25 08:37 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks

    nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.




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  • jgh_res
    06-20 11:11 AM
    Are you trying your luck to get an RFE with digital pics?

    Read the following post:
    http://www.immigrationportal.com/showthread.php?p=1678834&highlight=digital#post1678834

    Some are successful with digital pics but there are lot of them who had issues with digital pics including me, twice. All the best!!!!!

    get the photos from CVS, they give you 6 photos for 8 bucks



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  • a_yaja
    07-27 10:17 AM
    Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?




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  • pleaseadviseme
    09-23 12:56 AM
    Thank you very much for the quick reply!
    I just got some feedback from my employer.

    Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....

    he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?

    I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?

    Thank you so much again, you have been a really helpful attorney.



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  • gc_in_30_yrs
    02-28 03:22 PM
    the other option you have is to go back to your home country and invoke counsellar processing. In that case, you dont have to give up your green card and career, if you do not want to continue in the same category specified in your H1B, but, your studies will be impacted.




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  • Suva
    05-19 11:07 AM
    Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.

    No offence here.

    There might be some Education evaluation when You first came to US, use that evaluation here too.

    I have a question regarding this (no offense here, may be my ignorence)

    for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.

    TO NID

    I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.



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  • inskrish
    09-05 03:04 PM
    No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.




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  • summitpointe
    04-09 04:09 PM
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  • desitechie
    07-17 01:49 PM
    Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?

    here's the list of docs I have from earlier post:
    (http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
    - All copies of AP
    - EAD
    - Passport, of course
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    anything else?

    Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?

    thanks.

    I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.




    sweet_jungle
    08-08 06:49 PM
    In the same boat...
    --

    PD: 03/08/2006
    RD: 07/02/2007
    ND: 08/10/2007
    Transferred from CSC to NSC: 09/05/2007

    I think this is a hug issue that needs to be taken up with Ombudsman.
    I am PD, Dec, 2004 and July 2 filer.
    Mine is also NSC_CSC_NSC route.
    Today, first level was unable to fileSR.
    Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.




    karthiknv143
    09-28 02:41 PM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D



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