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06-13 05:20 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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07-09 08:17 PM
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moveahead123
10-10 06:44 PM
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BhaskarEB
09-13 06:39 PM
I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
more...
ashatara78
09-17 12:53 PM
Ah. It doesn't end even if you get the GC! I agree with the others - go for the interview fully prepared with all the documents including your GC. Even though you have the feeling "what if they revoke it?", it is best to comply with the laws and respect the interview notice.
You can call them up or infopass if you have some time before the interview.
You can call them up or infopass if you have some time before the interview.
Mahatma
08-21 08:52 PM
Dear lazycis,
Thanks a lot! You are always on top of things.
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Have a great weekend.
Thanks a lot! You are always on top of things.
What a contrast? You are not lazy at all!
Have a great weekend.
more...
ArkBird
03-22 04:08 AM
Depends. What is your domain? Are you or the person in question in US or trying to get to US. Health care and Biotech/Informatics is VERY vast field and lot depends on your domain expertise.
I am from Biotech firm working in very specialized field. feel free to PM me or post on board if you have any questions. I will be glad to help you.
ArkBird
Gurus please let me know if there are job prospects for Healthcare Informatics given the economic conditions in USA.
It appears there is a good allocation of 9.2billion dollars for Healthcare IT in the stimulus. Does it provide impetus for this field?
Can an IT company sponsor H1 B for Healthcare Informatics or any of Medical IT fields and if so what would be the occupational code (DOL). What are possible job designation in this field in USA?
I am from Biotech firm working in very specialized field. feel free to PM me or post on board if you have any questions. I will be glad to help you.
ArkBird
Gurus please let me know if there are job prospects for Healthcare Informatics given the economic conditions in USA.
It appears there is a good allocation of 9.2billion dollars for Healthcare IT in the stimulus. Does it provide impetus for this field?
Can an IT company sponsor H1 B for Healthcare Informatics or any of Medical IT fields and if so what would be the occupational code (DOL). What are possible job designation in this field in USA?
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BobDawg
01-13 08:47 PM
Yah there is one that come with slightly less than the basics,(assuming you would like to save your progress)
The cheaper one contains.
XBOX 360
Power Cord
A/V Cable
Wired Controller
The expensive one contains.
XBOX 360 w/ crome eject button and disc tray
Power Cord
Component A/V Cable
Hard Drive which allows you to save your progress
Wireless Controller takes AA batteries
XBOX Live Headset
The cheaper one contains.
XBOX 360
Power Cord
A/V Cable
Wired Controller
The expensive one contains.
XBOX 360 w/ crome eject button and disc tray
Power Cord
Component A/V Cable
Hard Drive which allows you to save your progress
Wireless Controller takes AA batteries
XBOX Live Headset
more...
solaris27
01-29 09:17 AM
You can't use both .
If you use EAD then h1b will be invaild.
You can ask second employer to apply for part time h1b visa.
If you use EAD then h1b will be invaild.
You can ask second employer to apply for part time h1b visa.
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krish2005
12-04 11:33 AM
Some signs of good recovery. If this trend continues then there will be lesser pressure on the H1 noose.
U.S. job data gives boost to recovery hopes | Reuters (http://www.reuters.com/article/idUSN0432007920091204)
Hope such lower trends make them give us EB2 and 3 waiters a good break....:D:D
Greens if this post interests some of us.
U.S. job data gives boost to recovery hopes | Reuters (http://www.reuters.com/article/idUSN0432007920091204)
Hope such lower trends make them give us EB2 and 3 waiters a good break....:D:D
Greens if this post interests some of us.
more...
amitkhare77
09-18 11:22 AM
http://www.prlog.org/10030661-immigration-voice-rally-on-sept-18-for-highly-skilled-legal-immigrants.html
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axp817
04-08 01:00 PM
There was a soft LUD (LUD - but no change in status) on my approved I-140 on 4/3/2008. I am not as excited as I am curious/conerned though. I work for the sponsoring employer and the employer wouldn't have revoked my I-140, just in case anyone was wondering.
more...
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gcwait2007
02-29 01:34 PM
1. Including Advertisement, web advertisements, etc, it should take about 3 months for filing PERM
2. Chicago Center is faster.
3. No issues for 2 companies filing PERM LCs for you.
2. Chicago Center is faster.
3. No issues for 2 companies filing PERM LCs for you.
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Macaca
01-20 12:02 PM
Looks like AGjOBS bill has good chance of passing. Does anyone know what the definition of agricultural worker is ?
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
May find something here AgJOBS Amnesty Legislation Re-introduced (http://www.numbersusa.com/index).
AgJOBS amnesty legislation that would provide amnesty to close to 3 million illegal aliens was re-introduced in the Senate and House by Sen. Dianne Feinstein (D-CA; S. 237) and Rep. Howard Berman (D-CA; H.R. 371). The Senate passed AgJOBS legislation as part of its �comprehensive� immigration bill (S. 2611) last May, but the measure died when the House refused to take it up before adjournment. In addition, both the House and Senate saw stand-alone AgJOBS measures (H.R. 884 and S. 359) introduced during the 109th Congress.
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
May find something here AgJOBS Amnesty Legislation Re-introduced (http://www.numbersusa.com/index).
AgJOBS amnesty legislation that would provide amnesty to close to 3 million illegal aliens was re-introduced in the Senate and House by Sen. Dianne Feinstein (D-CA; S. 237) and Rep. Howard Berman (D-CA; H.R. 371). The Senate passed AgJOBS legislation as part of its �comprehensive� immigration bill (S. 2611) last May, but the measure died when the House refused to take it up before adjournment. In addition, both the House and Senate saw stand-alone AgJOBS measures (H.R. 884 and S. 359) introduced during the 109th Congress.
more...
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cooler
12-15 12:20 PM
IMHO, If you have a valid H1b visa, then you need to be gainfully employed to keep the visa valid and that would mean you continue to get paid. If not, then that that is a problem. Joining the 2nd company on EAD is not a problem. Coming back to the 1st company on EAD is not a problem either. If you want to keep your H!b alive/valid, then I would suggest that you port/transfer your H1b visa to the 2nd company and when you are done with him, transfer h1b back to 1st company.
Seems like a lot of trouble to keep the h1b visa valid, but then again, that is one of the options.
Seems like a lot of trouble to keep the h1b visa valid, but then again, that is one of the options.
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pscdk
09-07 01:31 PM
Use the following link to see USCIS Application and Receipting Update
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
This one is the last friday's update, they should release new receipting update today!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
This one is the last friday's update, they should release new receipting update today!!
more...
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cel_tic
08-16 02:27 PM
Hello,
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
I need an urgent information. My visa stamping in my passport got expired, but I have valid I-797 document. I am planning to have my visa restamping in India. I came to know that with expired visa stamp we can not travel via UK and France. Can you please advice if I can travel via Frankfurt, Germany? or do I need to get a Transit Visa.
Anyone who has travelled through Germany with expired H1B visa stamp?
I have to travel within a week and I would appreciate your advice.
TIA
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georgecombey
04-27 11:36 AM
Because of fraud, terrorists are able to infiltrate the US.
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dilbert_cal
03-12 01:08 PM
Just make the switch,,thats it! Its that simple!! Make sure when u join the new company they file your perm asap and when u r in the 140 stage, you could work with your lawyer to port your old PD. AC21 has made life better!
There are two ways :-
a) Get your H1 transferred and join a new company. You need to complete your new PERM and I-140 before Mar'08 to get your next extension. In this case, you cannot carry over your PD.
b) Wait for your I-140 to be approved. Once it is there, move on, and file your PERM/I-140. You should be able to get your next extension based on the approved I-140 unless it is revoked. Also, you can start your PERM in parallel while waiting for I-140. You can speed up your I-140 by moving it to PREMIUM processing - it involves another 1000 $ of cost. This way you can carry on your PD if you can get a copy of the I-140 when you leave.
There would be other ways too - folks here can enlighten you on the same and if there are any corrections in what I suggested you, they would gladly do it.
There are two ways :-
a) Get your H1 transferred and join a new company. You need to complete your new PERM and I-140 before Mar'08 to get your next extension. In this case, you cannot carry over your PD.
b) Wait for your I-140 to be approved. Once it is there, move on, and file your PERM/I-140. You should be able to get your next extension based on the approved I-140 unless it is revoked. Also, you can start your PERM in parallel while waiting for I-140. You can speed up your I-140 by moving it to PREMIUM processing - it involves another 1000 $ of cost. This way you can carry on your PD if you can get a copy of the I-140 when you leave.
There would be other ways too - folks here can enlighten you on the same and if there are any corrections in what I suggested you, they would gladly do it.
guyfromsg
04-29 11:42 AM
I was in a similar situation. I emailed to this address info@phi.dflc.us from my company email. I didn't put anything else ( as per advice in some other forums). Received reply with the case number after a month. Meanwhile I received 45 days letter and so not worried much. As we all know this is a hit and miss. They may reply..but won't hurt to try.
Sub: Case status
Company Name:
First name:
Last name:
Sub: Case status
Company Name:
First name:
Last name:
grinch
05-09 05:30 PM
Meh I see what you mean, but thats what I was going for... Hrmm, hold on.
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