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Jumat, 10 Juni 2011

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  • mysticblue
    08-17 12:31 AM
    I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

    Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

    3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

    4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

    5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

    Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.





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  • thescadaman
    07-26 08:40 PM
    I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..

    For everyones else benefit...

    for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    link
    http://www.immigration.com/fromtheagency/nsc112006.html





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  • lj_rr
    08-06 12:52 PM
    Congrats.
    Labor filing date(not approval date) is your PD.What was the filing date?

    It is EB2, labor approval date is my PD - No idea, why profile does not show up.





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  • eb3_nepa
    11-06 12:21 PM
    Concurrent H-1Bs are always non-cap.:)

    What does that mean?

    I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(

    ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).



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  • asanghi
    08-31 12:21 PM
    Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.





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  • okuzmin
    07-13 11:26 AM
    If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
    You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)



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  • SunnySurya
    08-03 08:32 PM
    Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.





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  • FredG
    June 4th, 2004, 08:22 PM
    I hope you don't mind but with about 20 minutes in photoshop...:DGood job! Provided a great laugh at the end of a rough day.



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  • dish
    04-07 06:05 PM
    Backlog Cases:
    Total Received: 363,000+
    Total Completed: 108,000+
    Total Certified: 50,000
    Balance: 255,000
    Full data entry will will be completed by 06/30/2006 as scheduled.

    PERM:
    Total Received: 80,272
    Certified: 36,587
    Denied: 23,305
    Audit: 24,960
    Withdrawn: 1,950

    Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.





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  • wei
    04-18 01:18 PM
    Your lawyer should check with DOL after 90 days(from submission). I requested my lawyer did such thing and got response from DOL for RFE. One month later, I got approval notice.



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  • willIWill
    07-16 01:06 PM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?
    Chi_shark,

    Here is the second point 'verbatim':

    2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

    • Copies of both sides of your Form 1-94 Arrival/Entry Document;

    • Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

    • Copies of both sides of your Form IAP-66;

    • Copies of any Form 1-797 approval notice/notice of action;

    • Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

    • Copies of any and all Employment Authorization documents issued to you by this Service.

    Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

    Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.





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  • amdee
    09-22 02:14 PM
    I asked 6 other H1B ppl today to register to this site.

    Hi all,

    Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
    Time: Sooner the better. Keep a goal to take a week to bring one new member.

    Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.

    No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!

    Thanks



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  • Karthikthiru
    08-31 11:56 AM
    This poll results is from his viewers who are already biased against any sought of immigration. And to add this is not a scientific poll. Plus no one cares about his polls

    Karthik





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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator



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  • Siboo
    07-27 02:16 PM
    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)

    To be very very safe, make it 180 Business days.:D :D :D





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  • wandmaker
    02-11 12:21 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

    Lot of applications filed during July 2007 fiasco had the same issues, eventually the online system got synced over a period of time. If you have a hard copy of the notice with you, don't worry about the online system - it is out of date sometime. For your personal satisfaction, Call USCIS to find out whether the case is really in their internal system.



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  • supu
    12-02 12:16 AM
    Same case with me. Its been 20 days in Texas Center.
    Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
    The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........

    I have no hope of receing it now.





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  • Dhundhun
    10-23 02:13 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.

    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.





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  • admesystems
    01-11 07:20 PM
    I485 through Marriage pending for NC.
    I was out of status more than a year when I got married.

    Can I apply for advance parole?

    Does anyone know anything about it?

    anyone?





    manand24
    08-03 12:14 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

    Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.





    rolrblade
    07-27 10:35 AM
    Guys�

    Urgent advise is required.

    My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

    a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
    b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.

    Thanks much,

    Your answers above and PM me if you need more clarification



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