Sandeep
02-01 05:19 PM
Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports (http://www.whitehouse.gov/news/releases/2006/01/20060131-5.html) attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders
jnraajan
03-20 04:46 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I brought up this fasting idea a few days back, but never gathered much support.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I brought up this fasting idea a few days back, but never gathered much support.
chanduv23
10-13 01:00 PM
Mark is from LI. I wonder why he does not show up any more. Has he quit IV?
He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D
Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.
He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D
Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.
Blog Feeds
08-08 09:40 AM
AILA Leadership Has Just Posted the Following:
http://4.bp.blogspot.com/_BVX2dyjOs1A/SnyKP4I2AfI/AAAAAAAAABo/xxBIaRdCMAs/s320/investigator+image.jpg (http://4.bp.blogspot.com/_BVX2dyjOs1A/SnyKP4I2AfI/AAAAAAAAABo/xxBIaRdCMAs/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
http://4.bp.blogspot.com/_BVX2dyjOs1A/SnyKP4I2AfI/AAAAAAAAABo/xxBIaRdCMAs/s320/investigator+image.jpg (http://4.bp.blogspot.com/_BVX2dyjOs1A/SnyKP4I2AfI/AAAAAAAAABo/xxBIaRdCMAs/s1600-h/investigator+image.jpg)
As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."
Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"
The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.
She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.
It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.
The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.
You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?
What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)
more...
giddu
06-27 12:07 PM
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
Did anyone else encounter this?
H1B-GC-NY
03-10 05:16 PM
Any I140 recent approvals regarding 3 years degree Education RFE?
more...
Almond
07-18 09:52 AM
My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
Sick and tired of waiting ...
I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
Sick and tired of waiting ...
I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
lonedesi
10-20 12:01 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
more...
franklin
07-21 03:08 PM
Please close this thread, there are multiple versions of this.
onemorecame
02-15 10:18 AM
In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.
please check other threads for detailed responses.
Good luck
I checked other thread but unable to find the related information.
Please let us know if you read above thing from some authenticated place. �That we have time to safeguard over self if I485 denied, if yes then what is the way?�
Thanks
please check other threads for detailed responses.
Good luck
I checked other thread but unable to find the related information.
Please let us know if you read above thing from some authenticated place. �That we have time to safeguard over self if I485 denied, if yes then what is the way?�
Thanks
more...
waitingmygc
09-08 01:32 PM
Permfiling,
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
crazyghoda
04-29 10:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
more...
newh1user
01-29 06:03 PM
Hi
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..
Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?
please let me know what all document etc I should carry during re entry?
appreicated your help.
thanks
dwhuser
06-15 08:40 PM
This is my openion.
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
more...
delhiguy
07-02 03:57 PM
So was he planning to dump her?
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
No ... unless she dumps him, I hope you have a bright future ahead..
Anyways what kind of this shit is this God??, How can you say get ready to file for 485 from July 2nd. And when July2nd comes you say ' Shut the suck up and stand in line'
USCIS, what kind of sadist org/agency you are??
No ... unless she dumps him, I hope you have a bright future ahead..
s416504
12-02 12:54 PM
Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
more...
nileshup
09-25 04:50 PM
I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
laksmi
07-19 05:03 PM
Is it possible to verify PIMS name check clearance before we attend the consulate in india.
royjonny
06-19 01:16 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
uma001
12-19 09:59 AM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..