glus
01-15 09:37 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
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ash0210
10-19 02:43 PM
gimme_my_gc, do you have EAD?
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
walking_dude
10-04 11:39 AM
I'm not from IL. ( I live in MI).
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
However I'm interested particularly in your state as you have the bete noire of H1Bs - the infamous legal immigration killer - Mr. Durbin as a Senator from your state. Anytime you guys plan a rally outside his office ( or thousand IV members meeting Mr. Durbin program), do count me in.
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everonh1
07-20 12:43 AM
Another way to look at this issue is get rid of rule not permitting GC holders to bring their spouses into the country,if marriage happens after GC.
This is something that needs to be fixed.Why cant there be a K-Visa or something using which spouses can be brought in.Why a Citizen is allowed to file a K visa to get their spouse and GC holders are punished for getting married. Any GC holder is in path to Citizenship in 5 years-dont see any logic in this rule.
This is a morally wrong and stupid thing which needs to be fixed ASAP.
This is something that needs to be fixed.Why cant there be a K-Visa or something using which spouses can be brought in.Why a Citizen is allowed to file a K visa to get their spouse and GC holders are punished for getting married. Any GC holder is in path to Citizenship in 5 years-dont see any logic in this rule.
This is a morally wrong and stupid thing which needs to be fixed ASAP.
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nfinity
09-17 01:23 PM
is that if you leave the employer before 1 year, it can be a problem. But if the employer lays you off, its not an issue. Get an opinion from an attorney to be sure.
desi3933
03-08 12:41 PM
Why do you assume this is an indian website and everyone can understand hindi. This website has a purpose and if people like you write in hindi you will annoy a lot of people.
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
Very true and only about 40% of Indian can undersatnd Hindi.
Don't Worry, Be Happy
http://en.wikipedia.org/wiki/Don't_Worry,_Be_Happy
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GCBy3000
01-18 03:11 PM
Our company is hiring slowly for the past one year and they are planning to hire more aggressively for the next one year. This is just in IT department. Overall the company employees grew from 600-800 in the past one year and they are projecting it to be 1500 in next two years.
Well, I beleive my company is doing well and I am in a Strong Position as of now and even we are hiring a lot ....
Well, I beleive my company is doing well and I am in a Strong Position as of now and even we are hiring a lot ....
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styrum
05-30 07:41 PM
way to go... What optimism!!!
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
I am optimistic. I have a US Masters in Physics and have worked for 5 years here. The F4 grandfathering is my big hope. I just explained "why"...
Guys instead of being a pessimistic, lets all be optimistic and hope for the best case scenario.
I am optimistic. I have a US Masters in Physics and have worked for 5 years here. The F4 grandfathering is my big hope. I just explained "why"...
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hoolahoous
02-29 01:50 AM
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
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BharatPremi
12-09 03:05 PM
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I’m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
Can you eloborate more on onet code -classification and job description in detail? Other thing , Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I’m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
Can you eloborate more on onet code -classification and job description in detail? Other thing , Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
more...
ZigZag
07-12 06:32 PM
my PD is April 2006, so i guess i would need to wait 1 year to get the dates moving, since it would be quite a huge backlog clearing up
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
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jnraajan
01-28 12:55 PM
^^^^^^^^^^^^
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whattodo
02-22 10:04 AM
Is the text of CIR already published? Is there a link to that?
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
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bsbawa10
01-06 02:34 PM
Last year I had already filed for married filing jointly before stimulus check thing was in discussion. From what I understand once you file married filing jointly you cannot amend to married filing separately. You can amend otherwise.
Anyhow this year if I do my taxes separately I end up owing to IRS. Does anyone know where to look for info for amendment?
Thanks
How funny and no brainer this is ? We can give taxes (thousands and thousands of dollars) and no body says , "since your wife is not having SSN, you do not have to pay taxes". But while giving back tax rebates of $1200 to $1800 or so , they say, so.
Anyhow this year if I do my taxes separately I end up owing to IRS. Does anyone know where to look for info for amendment?
Thanks
How funny and no brainer this is ? We can give taxes (thousands and thousands of dollars) and no body says , "since your wife is not having SSN, you do not have to pay taxes". But while giving back tax rebates of $1200 to $1800 or so , they say, so.
more...
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raysaikat
01-15 12:59 PM
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.
By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?
Yes, it is a requirement for issuing F-1.
The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?
Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).
Do they have information regarding the "I-130" process in their database?
Yes. The IO should have access to all prior and pending immigration related activities associated with you.
I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?
Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.
There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.
By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?
Yes, it is a requirement for issuing F-1.
The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?
Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).
Do they have information regarding the "I-130" process in their database?
Yes. The IO should have access to all prior and pending immigration related activities associated with you.
I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?
Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.
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gotgc?
12-19 02:56 PM
Hi All,
I am in a very strange situation. I filed my PERM LC in Jan 2006 and approved in March 2006. While we are preparing for I-140, my company found LC Sub with the PD of Jan 2003 and filed I-140 based on that LC Sub in June 2006.
My LC Sub based I-140 is still pending since June 2006. Then in July 2007, I filed AOS based on that pending LC Sub. I got the EAD & AP. My wife has started working on EAD also.
Still my I-140 is pending and PERM LC is going to expire on Jan 13 2008. My company lawyers are saying that if the I-140 is not approved by Jan 9 2008, they want to withdraw my pending LC Sub and file a new I-140 using the PERM LC.
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Please help me decide guys!
I am in a very strange situation. I filed my PERM LC in Jan 2006 and approved in March 2006. While we are preparing for I-140, my company found LC Sub with the PD of Jan 2003 and filed I-140 based on that LC Sub in June 2006.
My LC Sub based I-140 is still pending since June 2006. Then in July 2007, I filed AOS based on that pending LC Sub. I got the EAD & AP. My wife has started working on EAD also.
Still my I-140 is pending and PERM LC is going to expire on Jan 13 2008. My company lawyers are saying that if the I-140 is not approved by Jan 9 2008, they want to withdraw my pending LC Sub and file a new I-140 using the PERM LC.
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Please help me decide guys!
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priderock
07-12 01:20 PM
Hey guys this is interesting and useful info and AILA and AILF should take note of this.
If they approve EB3/India/APR2004 and EB2/INDIA/AUG2005 saying the dates were current on Jul1 or Jul2 , applying the same logic they can't reject applications that were files when the dates were still current. And also give fair chance to others to react between bulletins.
If they approve EB3/India/APR2004 and EB2/INDIA/AUG2005 saying the dates were current on Jul1 or Jul2 , applying the same logic they can't reject applications that were files when the dates were still current. And also give fair chance to others to react between bulletins.
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breddy2000
02-02 01:09 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
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Fightwithfate
03-18 01:34 PM
Why you think that is not possible?
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.
What do you mean by "new system"?
If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.
________________
Not a legal advice.
I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.
irha
12-06 07:20 PM
Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
Thanks for the explanation, now I understand why my wife got only 1yr validity, where as I got 2yr. In reality my wife got only 11 months validity, as the from date started a month before we actually received it in the mail. It is a big pain and expense to renew every 11 months, if this is the case. Another gripe is that my validity started 2 months before the current one expired, effectively reducing the 2yr to 1yr and 10 months. It still better than 1yr, but I don't understand why they get simple things like this wrong.
It is funny that I used to wait until the last minute to renew my car registration when I first arrived in the US, thinking I would loose time, but when I learned that that is not the case, I started registering at my convenience. Since EAD renewal is not as simple, we tend to apply early, and that results in getting some time lost. How early do you normally apply?
Thanks for the explanation, now I understand why my wife got only 1yr validity, where as I got 2yr. In reality my wife got only 11 months validity, as the from date started a month before we actually received it in the mail. It is a big pain and expense to renew every 11 months, if this is the case. Another gripe is that my validity started 2 months before the current one expired, effectively reducing the 2yr to 1yr and 10 months. It still better than 1yr, but I don't understand why they get simple things like this wrong.
It is funny that I used to wait until the last minute to renew my car registration when I first arrived in the US, thinking I would loose time, but when I learned that that is not the case, I started registering at my convenience. Since EAD renewal is not as simple, we tend to apply early, and that results in getting some time lost. How early do you normally apply?
nandakumar
04-09 02:00 PM
I agree, support from any org or forum is good for our cause and would definitely broden our support base.
I have seen couple of postings from 'gc_2010', they sound negative, it is better to ingnore them rather then taking pains to clarrify those postings.
I have seen couple of postings from 'gc_2010', they sound negative, it is better to ingnore them rather then taking pains to clarrify those postings.
