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  • fcres
    07-18 04:10 PM
    Call once again to confirm this news. Some times the reps give conflicting answers.





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  • mbawa2574
    04-15 12:05 PM
    I was able to e-file but will need to send 8453-OL. Thanks again





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  • boreal
    08-24 12:29 AM
    Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:

    BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?

    MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.

    Could you please give me advice on this? I really appreciate that.

    Thanks.

    Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.





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  • prem_goel
    08-18 07:31 PM
    most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.



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  • leoindiano
    03-23 02:56 PM
    lady cop was driving the other vehicle while DUI...Another lesson out of this incident, Never ever get behind the wheel, if you have more than couple of drinks....





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  • anilsal
    12-19 10:14 PM
    I think the idea should be to get the callers from IV over zip codes that are dispersed across the country. Plus the calls should be daily from a few of the members. Maybe like 5-10 calls per day till SKIL bill gets cleared?

    What do you think?

    Sen.Cornyn should get to know that his bill is important (of course the tech industry has made its intentions clear by pushing for it). Now if the members of IV also keep calling amidst the negative calling campaign from the anti-imm group, it would do us a world of GOOD.



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  • Alabaman
    07-11 05:03 PM
    I am not making fun of anybody... I didnt write that. I dont even know the rep in question. Thats from ilw.com. Immigrations lawyers or something like that. This is more like a press article I am bringing to your attention.





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  • jatinr
    07-26 09:10 AM
    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document



    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.


    I 765 EAD Application document.



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  • pom
    04-28 04:47 PM
    I changed it, but all it does for me is reload the page (???).





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  • vensun
    05-19 04:27 PM
    I know it is basic question, but after reading the thread just got dought.

    I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?

    My details:-

    Worked employer for 4 years
    Labour substitution 2.5 years back
    I 140 approved 2 yrs back(06/2006)
    I1485 filed in July 2007

    Thanks,
    Ven



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  • piyu7444
    04-21 10:52 AM
    What if this was a situation with someone who was NOT working for a NON-PROFIT but for any other FOR PROFIT corp?

    Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?

    Can I still use the peition which was approved for 3 years?
    Will I be counted in CAP and will have to go through lottery?

    I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??

    Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......





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  • dvb123
    03-01 10:40 AM
    Response to this per country limit query by lawyers

    RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.

    RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.


    Can IV core do something? It will provide a relief to some people atleast.



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  • maddipati1
    07-30 07:18 PM
    http://www.uscis.gov/files/pressrelease/FinalFeeReminder30Jul07.pdf

    They are just trying to justify both of their notifications,

    1) Fee hike notification effective from today

    2) July bulletin released on Jun13th

    lets give them a break,

    they are actually trying to straighten things out.


    S





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  • bp333
    11-04 10:14 AM
    Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?

    Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.

    If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.



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  • Michael chertoff
    11-25 12:48 PM
    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.

    Thanks for understanding.

    MC





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  • reverendflash
    10-21 04:05 AM
    graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:

    But I digress, I'm a little testy due to the Giants' loss tonite... :evil:

    Rev:elderly:



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  • TomPlate
    12-12 09:26 PM
    thanks ram for your message. where did you cut and paste? see if you have any soft LUD?





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  • lifestrikes
    06-03 05:18 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.





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  • Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZZav0lvxi_fBw_p4bHvfuaclGh8oSLkNFfwj4P6oXLSXVoie4HEF-tUXEsQ4KZcL5KY2SLmIoD1GGAZvzztQpBSDuzRO5O7SyaAOJqbe4coPk9MQNkGDn6GruQ5hbXaoY9Q_nS-AYpHQc/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZZav0lvxi_fBw_p4bHvfuaclGh8oSLkNFfwj4P6oXLSXVoie4HEF-tUXEsQ4KZcL5KY2SLmIoD1GGAZvzztQpBSDuzRO5O7SyaAOJqbe4coPk9MQNkGDn6GruQ5hbXaoY9Q_nS-AYpHQc/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses 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 requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









    https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)





    k3GC
    07-28 11:51 AM
    Guys - I apologize, I was not aware that this has been already discussed extensively.

    The truth of the matter is that our organization needs funds. The ideal way to get funds is for every member to understand the value of IV and contribute. That will take its own course.

    In addition to that i think we should look at events as they happen that affect our community and use those to rally our members and get additional help from them - time, resources and money and we have done that in the past and have succeeded. When our bills passed in the senate and we needed money to lobby the house, a call was made and people did contribute.I think constructive feelings of hope, happiness and success do encourage people.

    If things happen as folks expect and a lot of IV members do get their GC in the next 2 months, i think this would be an event to target and request members to contribute to IV.

    So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)





    chanduv23
    11-21 02:14 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.