haider420
03-04 01:01 AM
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
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ashkam
03-29 11:40 AM
Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.
SertTurk
07-19 09:39 AM
Did not recieve any cards,what is that?
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lavanyamohan
03-16 11:08 AM
Thanks for your info ISUK.
I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??
THE ONLY THING that takes time is evaluation part of educational credentials.
experts please answer
I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??
THE ONLY THING that takes time is evaluation part of educational credentials.
experts please answer
more...
Kven24
03-08 09:25 AM
Great logiclife. That's spirit! Let's all give it a big push! Also if you need my help let me know. I have some ideas I am sure will work. Send me a PM and we will see how we can work together.
lvinaykumar
06-30 12:40 PM
I am sure many of you don't know about TANA organization ( www.tana.org ). TANA is held every 2 years in one of the major cities in US, and for 2009 TANA is scheduled to happen in Chicago.
"TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "
They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.
Secondly, we can have our own booth which will cost some money we can get lot of publicity.
This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.
"TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "
They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.
Secondly, we can have our own booth which will cost some money we can get lot of publicity.
This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.
more...
STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
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krishmunn
05-10 02:54 PM
so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
Chahe to chai-pani le lo. ;)
(translation: if you wish we will pay you bribe too)
BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)
(transalation, hawaldar means police, I am requesting the cop to so something aobut it)
Chahe to chai-pani le lo. ;)
(translation: if you wish we will pay you bribe too)
more...
paskal
12-14 12:41 AM
Hi all,
Between this thread and the main chapter thread, we have now accumulated a handful of members, looks like we are all set to be an active chapter!
couple of things:
1. IV IL chapter has invited us to their conference call, please check the thread called "Members in MN" under the IV agenda forum, if anyone can participate and report back here it would be great.
2. Conference Call: Anyone have dates or times in mind? btw pappu, question for you: does iv have a way of facilitating these calls?
Looking forward to hearing from you all, together we will surely achieve our objectives...
Puneet
Between this thread and the main chapter thread, we have now accumulated a handful of members, looks like we are all set to be an active chapter!
couple of things:
1. IV IL chapter has invited us to their conference call, please check the thread called "Members in MN" under the IV agenda forum, if anyone can participate and report back here it would be great.
2. Conference Call: Anyone have dates or times in mind? btw pappu, question for you: does iv have a way of facilitating these calls?
Looking forward to hearing from you all, together we will surely achieve our objectives...
Puneet
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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.
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.
more...
blogger
06-24 11:27 AM
Can you share you're thoughts for my post?
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
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dvvb
03-01 01:53 PM
My case:
Worked with Co. A from 2000 - 2005
Labor filed in EB3. Priority date May/2003
Worked with Co. B from 2005 - 2008
Co. A Labor approved in Feb 2008
I-140 filed and approved in Mar 2008
I-485 Filed in June 2008 as future employee
Working with Co. C from Nov 2008 on EAD.
Now Co. A filed for chapter 11 and closed their shop.
Atty. from Co. C said to file AC21.
What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?
Anyone in similar situation or have an idea next steps.
Worked with Co. A from 2000 - 2005
Labor filed in EB3. Priority date May/2003
Worked with Co. B from 2005 - 2008
Co. A Labor approved in Feb 2008
I-140 filed and approved in Mar 2008
I-485 Filed in June 2008 as future employee
Working with Co. C from Nov 2008 on EAD.
Now Co. A filed for chapter 11 and closed their shop.
Atty. from Co. C said to file AC21.
What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?
Anyone in similar situation or have an idea next steps.
more...
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needhelp!
11-05 01:07 PM
They want to see you...They want to hear it from you..
So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.
So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.
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maximus777
11-17 05:48 PM
Certainly a vast majority of them are in the US with the intent to immigrate in the long term. If they spend the same amount of money for comparable education in Canada, Europe or Australia, they will never face the lousy and frustrating US immigration situation! Apparently the "umrikan dream" is still going strong in India :cool:
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chanduv23
09-18 12:04 AM
Thanks, I am in DC now - will see you all in the rally
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ramus
06-11 06:11 PM
Guys....
Why we starting new thred for anything.. members should do more active things rather then just creating new thred...
Pappu asked us 100... times not to create but we won't listen to him.
Mistake..............Now i am not able to change the title-sorry guys.
Why we starting new thred for anything.. members should do more active things rather then just creating new thred...
Pappu asked us 100... times not to create but we won't listen to him.
Mistake..............Now i am not able to change the title-sorry guys.
more...
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jthomas
03-04 11:22 PM
During this process of recession why USCIS does not help the economy by hiring more employees or contractors and issuing green cards. However, green card guys may think of buying houses and improve economy.
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
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SertTurk
07-19 09:39 AM
Did not recieve any cards,what is that?
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ItIsNotFunny
04-04 09:27 AM
Didn't work for me. May be down !
hope49
07-08 06:45 PM
Hi,
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
gcformeornot
02-24 07:14 AM
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