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06-13 05:40 PM
Last week I attended the Annual Immigration Lawyers conference in Las Vegas. During the conference, government officials spent some time to update the attendees of the most recent information and upcoming changes.
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
It seems that the collection of the $500 fraud fee for new H1B or L-1 petitions is being used to invest in hiring more investigators. One recent trend is that business practices that were standard and went unchallenged previously, now are being viewed as �fraud.� Many companies must revise their practices to meet current standards. This does not mean that these practices of employers or businesses are necessarily fraudulent.
The biggest frustration for lawyers dealing with H1B's are the unreasonable RFE's being issued by the service since the April 1 filing. USCIS is making requests for photos of the premises, copies of contracts between all involved parties, and evidence of doing business including leases, licenses, and other proof. These requests are onerous for employers, as well as disruptive and harmful to both the employer and the employee when the H1B petition is often denied without valid justification.
USCIS presumes fraud if the employer meets two out of the following three criteria: has been doing business for fewer than ten years, has fewer than 25 employees, and/or has less than $10 million in revenue. Most well-established, bona fide companies started with these drawbacks. Even many large, well-known, highly-reputable companies are being issued intensive requests for evidence (RFEs) that seem to be without basis. This trend must stop, otherwise employers will be discouraged from filing for new H1B workers.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_not_met_an.html)
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Hermione
10-03 11:25 AM
First, submit a change of address form on USCIS web site for you and your wife. Have all of your receipts ready - after the general change of address form you will need to submit one for every petition (!) you have pending.
After you receive all of the change of address confirmations from USCIS (takes about a week), make an InfoPass appointment or juggle the call center system into transferring to your service center to talk to an immigration officer - please make sure all of your addresses got changed.
Don't forget to foreward mail at the post office.
I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.
Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.
Please advice. Any additional info/experience would be great.
After you receive all of the change of address confirmations from USCIS (takes about a week), make an InfoPass appointment or juggle the call center system into transferring to your service center to talk to an immigration officer - please make sure all of your addresses got changed.
Don't forget to foreward mail at the post office.
I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.
Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.
Please advice. Any additional info/experience would be great.
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05-09 01:21 AM
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jthomas
05-19 09:09 PM
During the interview they will ask for photographs, some questions that reflect that you guys are really in a marriage and the flight tickets and amount of time you spend together and then later get your previous paperwork and this paperwork together and then issue a conditional green card for 2 years and later on third year you can apply for citizenship.
My wife is a US citizen and i have applied my green card through her. attended the interview. We live in two different states and often travel to each other place.
Don't worry all willl be fine.
I would really welcome some help with my question! My foreign-born fiance and I would like to be married within the coming year. We are both students (he in CT and myself in MA). Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school? I really appreciate your help, I can't find this answer anywhere! Thank you!!
My wife is a US citizen and i have applied my green card through her. attended the interview. We live in two different states and often travel to each other place.
Don't worry all willl be fine.
I would really welcome some help with my question! My foreign-born fiance and I would like to be married within the coming year. We are both students (he in CT and myself in MA). Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school? I really appreciate your help, I can't find this answer anywhere! Thank you!!
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Horace Jones
07-23 06:02 PM
Has anyone considered: In Arizona, what's going to happen to all of the immigrants who are there perfectly legally and are actually creating American jobs via the EB5 green card program? Will the be harassed? I say probably.
thomachan72
05-26 11:16 AM
certainly there is a possibility for delay with pretty much anything that involves immigration. when does your current H1 expire? Even if it expires since you have a pending application, the reciept notice would possibly suffice to continue in legal status. I am definitely not an expert. Others might provide better idea.
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for_gc
04-12 02:13 PM
I am from Memphis too. Let me know if we need to organize something.
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jungalee43
03-20 08:38 AM
To members in North Carolina. Today I have received inquiry from News and Observer Group of Raleigh, NC. The inquiry has come through an immigration attorney. They would like to interview someone who is affected by retrogression and understand how the problem would cause brain drain from USA. I am thinking that instead I alone making my voice heard, I want to involve IV and other members. So if someone from NC want his/her/their voice heard and want to join me in this interview please write to me on jungalee43@yahoo.com
Based on the responses I would reply to this newspaper.
Admin what should be the approach for this interview? Please guide.
Based on the responses I would reply to this newspaper.
Admin what should be the approach for this interview? Please guide.
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sweet_jungle
10-14 04:33 AM
This is getting ridiculous...losing my patience
I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers
I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers
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martinvisalaw
06-09 01:05 PM
You need to file a COS from H-4 to H-1B. You cannot work until the H-1B is approved, because you are not in H-1B status now and therefore cannot use H-1B portability rules. You will not be subject to the cap since you have held H-1B status withing the past 6 years, and presumably not used a full 6 years.
Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.
By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.
Whether your last employer or a new employer files for a new H-1B status for you, it is still a new filing and any prior filings are not relevant, except to show that you are not subject to the cap.
By the way - this might get more comments if posted in the Nonimmigrant Visa section of the forum.
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sanan
06-15 08:53 AM
I would do it separately
Good Luck
Hi All,
I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.
With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.
I have question that which one is best option to file dependet's AOS?
Submit dependent's AOS with evidences to RFE ? Means in same cover?
or
Submit dependent's AOS and evidences to RFE separatley?
Please advise.
thanks
vali
Good Luck
Hi All,
I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.
With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.
I have question that which one is best option to file dependet's AOS?
Submit dependent's AOS with evidences to RFE ? Means in same cover?
or
Submit dependent's AOS and evidences to RFE separatley?
Please advise.
thanks
vali
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Leo07
05-29 10:21 PM
Just FYI,our
You can also extend the H1b...if your labor is filed 365 days prior to your H1b expiraton...
You are looking atleast 21 months into future...there are so many things that can happen...
140 rejection may not be an issue... but in case your worst fear comes true...you will be alright if it's rejected before feb 2008.
Even then there are other ways around this problem...
Cheer up...
You can also extend the H1b...if your labor is filed 365 days prior to your H1b expiraton...
You are looking atleast 21 months into future...there are so many things that can happen...
140 rejection may not be an issue... but in case your worst fear comes true...you will be alright if it's rejected before feb 2008.
Even then there are other ways around this problem...
Cheer up...
more...
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pak
07-20 10:37 AM
Please advise:
I am on F-1 and working under CPT from Jan 07 to Aug. 07 and will extend CPT from Sept 07 to Dec. 07.
I applied I-485 and 765 (EAD) as a husband on my wife's LC on July 2, 2007.
I will not be getting my EAD before Sept. 07.
My confusion is whether is it legal to extend my CPT on F1 even if I receive AOS receipt number ??
I am on F-1 and working under CPT from Jan 07 to Aug. 07 and will extend CPT from Sept 07 to Dec. 07.
I applied I-485 and 765 (EAD) as a husband on my wife's LC on July 2, 2007.
I will not be getting my EAD before Sept. 07.
My confusion is whether is it legal to extend my CPT on F1 even if I receive AOS receipt number ??
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docker
06-04 03:33 PM
All,
My current job desc requires an MS + 3 or BS + 5 years experience, with special certification like six sigma required. When my labor was filed, I had exactly 3 years of experience. The above was what I filed for my PERM application. I am planning on moving to another job where the job description is similar ( my i-140 is approved and my i-485 has been pending for more than 6 months) , but the new job requires an MS + 6 years or a BS + 8 and no special requirements. I gained 3 more years of experience with my current job description, but does that count since I gained it after my PERM was filed? Also, do educational requirements matter in order to port? any help is greatly appreciated..
thanks,
My current job desc requires an MS + 3 or BS + 5 years experience, with special certification like six sigma required. When my labor was filed, I had exactly 3 years of experience. The above was what I filed for my PERM application. I am planning on moving to another job where the job description is similar ( my i-140 is approved and my i-485 has been pending for more than 6 months) , but the new job requires an MS + 6 years or a BS + 8 and no special requirements. I gained 3 more years of experience with my current job description, but does that count since I gained it after my PERM was filed? Also, do educational requirements matter in order to port? any help is greatly appreciated..
thanks,
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kpraveenn
01-28 01:57 PM
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10-24 02:15 PM
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RandyK
11-08 10:28 AM
http://immigrationvoice.org/forum/showthread.php?t=14985
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shahpeerally
12-04 09:17 PM
Re: #1
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
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fall1998
05-18 09:47 AM
Thanks for your response!
slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
Gravitation
07-10 09:20 PM
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