helpful_leo
02-03 06:42 PM
spgtopper:
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
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Blog Feeds
11-19 03:01 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
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ghost
09-21 04:38 PM
Thanks! guys.....All in the same boat then....Screwed.....
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
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Charles H. Kuck
12-16 02:16 PM
File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.
Best regards,
Charles
Best regards,
Charles
more...
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ampudhukode
03-24 07:01 PM
gcwait,
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
This was his first job after graduation and has remained there since, so there is only one co to show experience from.
I guess I will ask him to get something addressed for some other purpose like Tom suggested.
ampudhukode
Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.
The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
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Pagal
12-17 12:36 PM
Hello,
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
more...
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prom2
11-09 10:42 AM
What is your PD?
Good luck
Good luck
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rajenk
09-21 10:43 AM
Raj
what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?
Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.
I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.
what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?
Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.
I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.
more...
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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
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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casinoroyale
03-31 02:02 PM
Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.
Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html
Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html
more...
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Berkeleybee
05-31 02:56 PM
berkeleybee,
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
QT,
I sent the email out in Jan and much has changed since then.
I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
Thanks for your support,
best,
Berkeleybee
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
QT,
I sent the email out in Jan and much has changed since then.
I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
Thanks for your support,
best,
Berkeleybee
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beautifulMind
08-02 01:23 PM
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
more...
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ttdam
12-03 01:56 PM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
Hi zoooom
Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?
Please advise, I m in similar situation
Thanks in advance
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gc_perm2k6
12-02 03:38 PM
Could you please share how you filed SR, my h1 extn is pending for 92 days.
You need to ask the person, who filed the extension to call USCIS Number and the representative will open SR for you if you are eligible, i.e. Your receipt date is less than Processing Dates by 60 days. Only employer can call for opening SR.
You need to ask the person, who filed the extension to call USCIS Number and the representative will open SR for you if you are eligible, i.e. Your receipt date is less than Processing Dates by 60 days. Only employer can call for opening SR.
more...
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greyhair
09-24 09:16 AM
Next is testimony from Stephen Colbert. As per the reports Colbert is expected to testify "in character the Bill O’Reilly-like muse Colbert uses for his show."
This will be funny.
This will be funny.
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n2b
04-17 01:41 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
more...
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girishvar
08-15 12:11 PM
There is a USCIS memo on Merger and Acquisition released some time in 2003/2004. I am not able to locate that. I have used that memo to continue my H1b.
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imh1b
02-25 10:47 AM
Guys,
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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james_bond_007
04-03 01:57 AM
thank you roseball.. I already booked an infopass appointment for Monday. If the additional review is done by DHS, will contacting the Ombudsman's office help in anyway ? anybody have experience in resolving the "additional review" , please update.
baburob2
10-08 01:48 AM
thx.
mbartosik
02-20 07:21 PM
As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
