das0
12-17 05:38 PM
Thanks you.
Is AC21 Memo required under Law?
Is AC21 Memo required under Law?
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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)
amit1234
08-26 03:58 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
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pathiren
06-06 07:50 PM
Admins / Folks,
Any updates on this!
06/06/2008: U.S. STEM Advance Degree Numberical Limit Exempt Immigration Bill Introduced in the Senate
There is a bill pending in the House which was introduced by Rep. Zoe Lofgren of California which is similar to this new Senate bill which was introduced yesterday by Sen. Barbara Boxer of California. The House bill is H.R. 6039 and the Senate bill is S. 3084. Both of these bills propose to exempt U.S. advanced degree holders working for the U.S. employers from the numerical limit in the employment based immigration. The full text of the House bill is posted on May 11, 2008.
Any updates on this!
06/06/2008: U.S. STEM Advance Degree Numberical Limit Exempt Immigration Bill Introduced in the Senate
There is a bill pending in the House which was introduced by Rep. Zoe Lofgren of California which is similar to this new Senate bill which was introduced yesterday by Sen. Barbara Boxer of California. The House bill is H.R. 6039 and the Senate bill is S. 3084. Both of these bills propose to exempt U.S. advanced degree holders working for the U.S. employers from the numerical limit in the employment based immigration. The full text of the House bill is posted on May 11, 2008.
more...
ameryki
01-08 09:15 PM
If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
free "EAD and AP" for life what are you talking about??
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
free "EAD and AP" for life what are you talking about??
psaxena
03-03 03:17 PM
May be later will have the PD for the namecheck and FBI Name check bulletin. Then will all discuss to propose a new bill to reform FBI Name check retrogression(ofcourse at the same time fighting about caste/Race/Color/blah blah)
IV admin please make a section for the entry of the FBI NC PD also.:D:confused:
IV admin please make a section for the entry of the FBI NC PD also.:D:confused:
more...
LC2002
04-14 11:01 AM
Congratulations.. Keep supporing IV in future.
Thanks, Sure will.
Thanks, Sure will.
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eyeopeners05@yahoo.com
05-01 10:07 AM
Thanks guys for all your responses....
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.
However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?
more...
eb3retro
04-30 09:23 PM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
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Pegasus503
12-18 05:02 PM
I'd like to share an experience, because it made me laugh.
I got a notice to appear at Superior Court in January to perform Jury Service.
Amazing....
__________________
PD - 25 Nov 2002 SWA - California RIR EB3
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006
waiting for EB3 visas to move beyond Aug 02 so I can file i-485
I got a notice to appear at Superior Court in January to perform Jury Service.
Amazing....
__________________
PD - 25 Nov 2002 SWA - California RIR EB3
45-day letter - 11 Feb 2005
Labour Certified - 30 Aug 2006
i-140, RD 16 Oct 2006: ND 20 Oct 2006: AD 24 Oct 2006
waiting for EB3 visas to move beyond Aug 02 so I can file i-485
more...
Administrator2
01-20 02:02 PM
This looks great.....good work.
However, it looks like the reputation button is not working right. :)
Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.
Hi! Ennada,
We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.
Thanks,
However, it looks like the reputation button is not working right. :)
Thanks Saralayar! A lot of members helped to make this change. Ideas and effort from a large number of members were pooled in. Special Thanks to coopheal for working on the wiki. That was awesome work.
Hi! Ennada,
We tested again and the Reputation button is working fine. We have disabled the reputation messages. Please let us know what is not working with the reputation button and we will fix it.
Thanks,
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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...
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kiwi
06-22 09:32 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
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eyeopeners05@yahoo.com
04-30 02:25 PM
I thought we could do a AC21 for h1b or EAD and your latest post suggests I cannot ?
more...
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Pallavi79
02-10 10:35 PM
I spend lot of time to check status, emails, news.
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:
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rjgleason
January 6th, 2004, 09:41 AM
I took some photos today in poor light (please, sun...) and had to use ISO 800 to get decent shutter speeds. However, I find this isn't really useful with small birds as the noise basically covers a lot of detail. I find it difficult to on the one hand remove enough noise from the background so sharpening doesn't amplify it too much, and on the other hand leave enough noise so the feather details don't get smoothed out. So, what I did was use the magnetic lasso tool to select the bird (and inversely everything else), and used more Neat Image on the background than on the bird. I wonder if this couldn't be a trick to save some borderline images.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
Anders: Great idea....looks fantastic........Now its time you set up yourself in the Photographer's notebook and this shud be your first entry.
I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg
Anders: Great idea....looks fantastic........Now its time you set up yourself in the Photographer's notebook and this shud be your first entry.
more...
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getgc2008
08-09 03:12 PM
I think we will see it towards Aug end... Till then happy browsing the forums.:)
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anilsal
07-18 01:28 AM
We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill
Karthik
Good points. These are burning issues for IV. In the meantime, could you please update your signature with your monetary contributions such that newcomers are motivated? ;)
Karthik
Good points. These are burning issues for IV. In the meantime, could you please update your signature with your monetary contributions such that newcomers are motivated? ;)
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pappu
04-14 07:44 AM
We have a call today @ 7 PM EST if someone wants to send questions/be in the call
eb3_nepa
07-18 11:13 AM
Ok then i volunteer to bump this thread :) Only problem is that still will not push thid topic way up.
There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.
Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?
There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.
Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?
rocky17105
07-28 12:28 AM
Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
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