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01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
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GMKrishna
08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
neoklaus
01-29 06:47 PM
The only document that I know that suit the name " Unemployment Wage Report" is IRS Form 940-Employer's Annual Federal Unemployment (FUTA) Tax
Return.
The probable reason of asking-to verify, that Company is sound, paying salary, wages, then taxes, including unemployment tax.
The company's Tax Return also shows how's company doing financially,economically, if it able to pay their employees salaries and what business this company stated as her primary.
Therefore, I think, that asking for these docs seams as reasonable, keeping in mind that consulates and embassies belong to different department than DHS and USCIS.
Return.
The probable reason of asking-to verify, that Company is sound, paying salary, wages, then taxes, including unemployment tax.
The company's Tax Return also shows how's company doing financially,economically, if it able to pay their employees salaries and what business this company stated as her primary.
Therefore, I think, that asking for these docs seams as reasonable, keeping in mind that consulates and embassies belong to different department than DHS and USCIS.
2011 Big Sean – Finally Famous: The
ak_2006
07-08 04:14 PM
Demand Data Used in the Determination of Employment Preference Cut-Off Dates (Updated 7/8/2010) (http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf)
OR
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
This means Visa bulletin will come pretty soon. Good Luck to EB2!
OR
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
This means Visa bulletin will come pretty soon. Good Luck to EB2!
more...
rima1805
10-14 12:57 AM
I was wondering if an attorney or any user with knowledge / past experience with I-485 MTR can help me understand the status of my MTR.
My story in short:
* EB2 I-485 was applied in July 07
* I -140 was approved in Aug 07 timeframe
* No change in employer, etc. Life as usual.
All of a sudden:
* Received I-485 denial on July 30, '09. No RFE no NOID. PD = Nov 06. Reason stated: underlying I-140 was not valid.
* Obvious USCIS error. I-140 is alive n kicking. So applied for MTR on Aug 14.
* Convinced my attorney to request for expedite based on USCIS error. Got a letter from TSC that the expedite was accepted on Sept 11. Attorney said I should hear in a weeks time, but the letter said within 45 days!
* On Sept 25 there was an LUD on my I-485. Status of MTR still = initial review.
* Got impatient today and called USCIS. Managed to get to level II. The courteous rep told me that on Sep 24 my I-485 was reopened for reconsideration. Online it still says 'denied'.
She also mentioned that the MTR has not been approved yet. Also that she could see a lot of activity going on with my case and someone has been assigned to it, which according to her was a good thing. God only knows what is 'good' per USCIS.
I know it will take ages for the GC, but at least the AP was coming to good use. Now I'm stuck w/o a stamped visa and unable to make business trips either. Can someone share their thoughts on what happens next, if all turns out good with my application.
Sorry for my long post... Thanks in advance for your time.
My story in short:
* EB2 I-485 was applied in July 07
* I -140 was approved in Aug 07 timeframe
* No change in employer, etc. Life as usual.
All of a sudden:
* Received I-485 denial on July 30, '09. No RFE no NOID. PD = Nov 06. Reason stated: underlying I-140 was not valid.
* Obvious USCIS error. I-140 is alive n kicking. So applied for MTR on Aug 14.
* Convinced my attorney to request for expedite based on USCIS error. Got a letter from TSC that the expedite was accepted on Sept 11. Attorney said I should hear in a weeks time, but the letter said within 45 days!
* On Sept 25 there was an LUD on my I-485. Status of MTR still = initial review.
* Got impatient today and called USCIS. Managed to get to level II. The courteous rep told me that on Sep 24 my I-485 was reopened for reconsideration. Online it still says 'denied'.
She also mentioned that the MTR has not been approved yet. Also that she could see a lot of activity going on with my case and someone has been assigned to it, which according to her was a good thing. God only knows what is 'good' per USCIS.
I know it will take ages for the GC, but at least the AP was coming to good use. Now I'm stuck w/o a stamped visa and unable to make business trips either. Can someone share their thoughts on what happens next, if all turns out good with my application.
Sorry for my long post... Thanks in advance for your time.
chanduv23
02-07 12:23 PM
We have only one life and we must do whatever it takes to help ourselves in the right direction.
IV is taking up all these wonderful efforts and we must all help to make this campaign a huge success.
The success of the campaign lies in our hands and we HAVE to make it a success.
This campaign does not involve physical participation or monetary contribution, just 10 min of your time and some stationary.
Please , please concentrate on this campaign for the next couple of weeks and make it a huge success.
Please support IV to help yourself
IV is taking up all these wonderful efforts and we must all help to make this campaign a huge success.
The success of the campaign lies in our hands and we HAVE to make it a success.
This campaign does not involve physical participation or monetary contribution, just 10 min of your time and some stationary.
Please , please concentrate on this campaign for the next couple of weeks and make it a huge success.
Please support IV to help yourself
more...
ndrw_fielding
07-22 10:05 PM
I got busted going twice the speed limit in a 55 MPH zone and just got convicted of Reckless Driving.I got 364 Days Suspended Sentence.
Does that count as an "crime of Moral Turpitude". Does that mean that I-485 will be deined?
Do you know anyone who was convicted of reckless driving and got their green card?
All replies are appreciated.
Does that count as an "crime of Moral Turpitude". Does that mean that I-485 will be deined?
Do you know anyone who was convicted of reckless driving and got their green card?
All replies are appreciated.
2010 Big Sean and Ye performed this
baburob2
01-27 10:28 AM
This author Angela Junck seems to be a good media support. Please look at her article below:
On the other side of the debate are immigrants who are clamoring for a genuine legalization program that integrates newcomers into civic life; in short, granting newcomers immediate access to green cards. It's the simplest, fairest and most humane way of integrating immigrants.
http://news.pacificnews.org/news/view_article.html?article_id=8a8521df5c588f2b7c4e5 0f8edbec6c2
On the other side of the debate are immigrants who are clamoring for a genuine legalization program that integrates newcomers into civic life; in short, granting newcomers immediate access to green cards. It's the simplest, fairest and most humane way of integrating immigrants.
http://news.pacificnews.org/news/view_article.html?article_id=8a8521df5c588f2b7c4e5 0f8edbec6c2
more...
dallasdude
03-26 01:53 PM
Correct. They are being heavily scrutinized now.
hair Welp Finally Famous drops on
wIeRdLiFe
11-05 06:30 PM
Hi Kate,
thanks for the reply. Do you know how long is taking these days for labor?
thanks for the reply. Do you know how long is taking these days for labor?
more...
mpgc
05-18 10:26 AM
Friends:
Two weeks ago I received an RFE for my E-Filed I-131 Advance Parole.
They requested two passport-style Photos but didn't mention where to send the RFE response.
However, on the top right-corner (next to the US Dept. Homeland security Logo) on the RFE page, there is an address (P.O Box 852381 Mesquite, Texas 75185-2381).
Underneath of the Director signature it has Officer # 159.
I'm really confused
1. Which address to send the RFE response?
2. Attention to what??? (Should I put Attn: to this officer # 159)
Please guide me ASAP...
Two weeks ago I received an RFE for my E-Filed I-131 Advance Parole.
They requested two passport-style Photos but didn't mention where to send the RFE response.
However, on the top right-corner (next to the US Dept. Homeland security Logo) on the RFE page, there is an address (P.O Box 852381 Mesquite, Texas 75185-2381).
Underneath of the Director signature it has Officer # 159.
I'm really confused
1. Which address to send the RFE response?
2. Attention to what??? (Should I put Attn: to this officer # 159)
Please guide me ASAP...
hot Album Artwork: Big Sean
sairam
03-17 03:08 AM
Education evaluation is just equating your qualification with American qualification. Just telling your bachelor degree is equivalent to BS here. Once equal...always equal. So it doesn't expire.
more...
house Big Sean Ft. John Legend
gparr
January 9th, 2004, 05:54 AM
Scott,
That'd be great. I sent you a private message. Your profile says you don't want e-mail and thus, I don't have your e-mail address.
Gary
That'd be great. I sent you a private message. Your profile says you don't want e-mail and thus, I don't have your e-mail address.
Gary