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  • ck2009
    06-19 12:17 AM
    Hi,

    I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.

    Following are the context from the RFE document.
    ---------------------------------------------------------

    U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:

    Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.

    Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.

    Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.

    For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

    For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.

    If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.





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  • 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.





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  • Templarian
    07-20 10:04 PM
    saxx it has no chance to beat flash. Its good in that it uses a very solid language backing. Its just not even remotely comparable to flash atm (its like flash 8 tbh if they were to be compared).

    I have a good feeling once its further in development and MS has integrated all of DX10/DX11 support we will be seeing a lot more of it (probably because of a windows update).

    Till then its just something to mess around with. Think of it more as a JAVA in your browser... everyone eventually will have it... but very few will use it.





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  • jfortune
    06-06 09:42 AM
    http://today.reuters.com/business/newsarticle.aspx?type=ousiv&storyID=2006-06-06T122720Z_01_DEL311603_RTRIDST_0_BUSINESSPRO-INDIA-IBM-DC.XML&pageNumber=0&imageid=&cap=&sz=13&WTModLoc=BizArt-C1-ArticlePage2


    Could this be a support? If US does not retain techies, US employer goes overseas.

    From the article:

    IBM's business in India grew 61 percent in the first quarter compared to a year earlier, the firm's highest growth rate among emerging economies. India's $15-billion domestic market for services and hardware is expanding at about 25 percent a year.

    This, coupled with a global reputation for developing software cheaply, encouraged IBM to hire 15,500 staff in India last year even as it shed roughly 10,000 in Europe.



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  • abimanyu
    08-19 09:20 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(





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  • zinchak
    10-19 01:34 AM
    Please see this if you have an emergency.

    http://boards.immigration.com/showthread.php?t=260914&highlight=guard

    Good luck



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  • chanduv23
    09-09 10:35 AM
    I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?

    This is my opinion. If you do not like, you can remove it.

    I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple





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  • veni001
    01-21 12:44 PM
    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!

    Congress got country limits into immigration b'se they want to limit # of people immigrate from single country, but the AC1 gave spillover provisions.
    :o



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  • Hinglish
    03-05 12:39 AM
    Dont worry about it ...
    appear for the FP ...
    I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.

    The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP





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  • sri1309
    04-11 10:43 PM
    Gator,

    I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
    485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
    I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
    Sri.



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  • kanshul
    05-07 08:56 PM
    I used AC21 3 months ago and filled the paperwork with USCIS. No RFE yet but I would not care if I get an RFE as well...

    I think it is best to notify USCIS. I hired Murthy and I don't think they are doing this just to get money. If your case gets messed u say 3-4 yeare later and you end up taking UCSIS in court then this paperwork (which USCIS will most probably do nothing with) will be very helpful.





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  • srikondoji
    06-12 09:06 PM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.



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  • martinvisalaw
    01-12 02:19 PM
    My husband and I are British, not sure if that slows things up or down :)

    Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.





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  • chanduv23
    09-15 08:40 PM
    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"

    Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE



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  • laborinbacklog
    09-21 11:20 AM
    I think it is a good idea but it is the job requirement and not the persons experience that defines the EB category.





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  • ashwin_27
    05-10 07:45 PM
    Very Interesting set of links. We need to respond to each of these journalists thanking for any positive coverage but also highlighting the specific issues that is causign the backlog (7% per country limit and lack of visa recapture). We need to request that attention be paid to this aspect and how removal of per-country limit is neccessary to eliminate the greencard backlogs (and that visa recapture will at least provide limited relief). Most of such articles praise high-skilled immigrants but do not get to the root of the issue and the possible solutions. We need some folks to help with this IV media outreach. Please PM me if you are interested.



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  • eastwest
    04-16 04:32 PM
    How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?

    Does someone know the exact days?

    Thanks

    You can apply exactly 120 days early.
    About my earlier post, You do need to send your papers such cutout from previous EAD, 485 receipt copy etc..

    Thanks





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  • beppenyc
    04-09 04:14 PM
    The system is broken, but only for us. Trust me, the US is only profit from the Illegal and Legal immegration. I lost hope, it`s the same dance, again, again and again.





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  • rajuram
    04-23 09:16 PM
    Extensions are not allowed. But.... you can always enter Canada before the final date and then come back to the USA to finish your tasks. I have heard that you have to apply for the Canadian equivalent of the GC once you get there, which gets mailed out few days later, so if you have some one there it would be helpful. Also must have a visa to return back to the US.





    smisachu
    11-29 10:05 PM
    Consult a lawer. But you better tell the truth. The system is such that they can dig in all records.





    Kodi
    08-22 01:59 PM
    I actually went over something similar with my lawyer. I'm currently on H4 and just yesterday received my EAD valid for 2 years. My husband is renewing his H1 next month. And initially I was hoping I wouldn't have to renew my H4 again and save the $$. But my lawyer says I should renew my H4 so that incase something goes wrong with my I-485 I won't go out of status as I have the H4 eventhough I'll be working on EAD. And he said if I travel I should not use the AP to re-enter. So it means my H4 will not get canceled even if I work on EAD.