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Sakthisagar

10-21 10:37 AM

Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news

We do not have problems if everybody is ignoring this guy grassley but that is not the Truth. USCIS takes it seriously and issue a memo upon his letter which makes our Legal immigrants life miserable! What do you say for that.

Example: The infamous Employee employer relationship memo of Jan 18th came out from this B*** heads letter to Mr.Mayorkas.

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mk26

03-31 03:29 PM

Thanks all for your help and great inputs. IV has helped me a lot.

I wish you all the best ...

TKs, GG

Hey Congrats..!! don't forget to login IV and let us know the life with GC

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Editorial cartoon: May 4

Asian

12-07 01:15 PM

When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

This is a different question. Is the government job also regarded as cap exempt non profit?

Thank you very much for your help! Our immigration gods bless you!

Best,


Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.

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2011 College Student Studying

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s_r_e_e

08-15 11:53 AM

instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.

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green_card_curious

03-07 06:52 PM

No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).

I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.

Thanks for your time.

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jayleno

12-12 12:56 PM

If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.

Thanks!

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willIWill

07-15 03:44 PM

Hi Friends,

I received an RFE last week. There were 3 points in the RFE.

The first point in the RFE says,

Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

Second Point and Third point are respectively

Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

Employment verification letter stating the offer still stands as per EB visa petition.

A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

My question is concerning the first point.

Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

Appreciate your suggestions

Thanks in advance.

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2010 Editorial cartoon: May 4

medical college students,

arunmohan

11-19 03:42 PM

job A designation is Software engineer
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.

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vxb2004

07-26 07:18 PM

You can get EAD even if your I-140 is pending.Correct me if I am wrong.


Processing of your EAD and AP is independent of your 140 status.

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conundrum

03-16 05:12 PM

Faxed mine a few mins ago

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transpass

09-06 11:23 PM

This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...

http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

MC: I am ready to give right away.

IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

MC: Is there any other alternate solution for this �? If so please advice.

IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

IO: Sure�Make sure you submit with in 45 days. Thank you.

MC: Can I ask one question�?

IO: Sure�.

MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

MCL: Oh that�s great�

IO: Yes it is�

MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

IO: That�s good�You are all set to go now. Thank you.

Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

-Sree

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schandra

11-25 09:10 AM

Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).

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Hassan11

03-26 11:34 AM

Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.


I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.

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surge

02-16 10:38 AM

HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.

not really, but close.

i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.

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vinkapoor

10-24 04:29 PM

The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?

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dpp

01-07 08:25 PM

B. Provisions in Cases of Revocation of the Approved Form I-140

Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21

As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.

Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.

If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

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srkamath

07-16 05:31 PM

Interesting. My Labor says
14) Education BS,
Years of experience 3

15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.

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a_yaja

07-12 03:39 PM

Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

Thanks for help
You may ne able to get H1B for additional 2 1/2 yrs.

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Just like most college kids,

eb3_nepa

02-12 02:14 PM

Dont forget "CHEAP" ;)

Good but LAZY and CHEAP ;)

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anu_t

06-16 01:11 AM

http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



"From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



"We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



At this time, Grassley and Durbin will not be releasing the information received from the companies.



Here is a copy of the letter to Gonzalez.



June 13, 2007



The Honorable Emilio T. Gonzalez

Director

U.S. Citizenship and Immigration Services

20 Massachusetts Avenue, NW

Washington, DC 20529



Dear Director Gonzalez:



Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



H-1B Dependent Employers

$ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

$ How many companies are defined by USCIS to be AH-1B dependent@ employers?

$ How are these H-1B dependent employers being monitored, if at all, by USCIS?



Blanket L Visa Petitions

$ How many L visas have been approved each year since 2000?

$ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

$ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

$ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

$ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



Investigations of Fraud and Abuse

$ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

$ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

$ How does USCIS plan to spend the remaining funds left in FY2007?

$ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

$ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



Sincerely,







Charles E. Grassley Richard J. Durbin

United States Senator United States Senator

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GCBy3000

11-21 05:57 PM

I live in a small town and work for fortune 100. Last month I saw some 10 Indian families in my small town and wondered what they are doing here? There are only two big insurance companies here and the other one does not have any H1bs. In my company there are four H1bs.

When I talked with them, they all came here for the first time from Accenture India. It was interesting to know that those guys are team leads and PMs back in India, but are mere programmers here. They say, they are not involved in any managerial or design activities. All they were given instructions from the perm employees on how/what to do. When discussed more, they said that is how Indian consulting and American companies work. We are PMs and leads only in India, but not when we are deputed to US. But if we go to UK/AUS, then we do the real PM job but not in US. Also 80% of Indian companies revolve around US projects.

The reason for me to say this now is I was thinking all these days that I lost big opportunity because I did not move back to India in right time. This is not true. Even if I decide to move back now, I should be able to get Sr.PM job. I learnt a lot from those guys about the Indian market. After that I felt the only thing I missed is Indian food.

What makes you say that there will be a spike in the PM jobs?

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