Blog Feeds
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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amdn123
07-07 02:44 PM
Is it permitted to enter the US on a tourist visa and while you are here, can you start working since H1B approval has been received? The reason I ask is that my some time is needed to set up an apartment, get SSN etc. and it would be easier to come a little early while H1B is being processed. Can you get the H1B stamped in the passport later in Canada? Thanks in advance!
shanky555
05-09 11:39 AM
Thank you so much for the response
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johnamit
06-30 01:01 PM
is there any EB related amendment attached with War funding bill which got passed?
http://news.yahoo.com/s/afp/20080630/pl_afp/usiraqafghanistan_080630152552
http://news.yahoo.com/s/afp/20080630/pl_afp/usiraqafghanistan_080630152552
more...
Ann Ruben
03-11 10:29 AM
Sundarpn,
You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.
Hope this helps,
Ann
You are correct that if you do not maintain valid H-1 status your wife will lose legal status in the US. If she pursues a degree as a FULL TIME student she can file for a COS to F-1. As part of that application she will have to document her valid H-4 status by proving that you are in valid H-1 status with current paystubs and/or letter confirming your employment from your H-1 employer. So it would be safest to file the COS while you are still employed.
Hope this helps,
Ann
gcwait2007
12-27 05:46 PM
Mine is at Nebraska
My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.
I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.
Please keep us updated.
My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.
I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.
Please keep us updated.
more...
maine_gc
10-01 11:42 AM
No active members.
I had 3 of my co-workers in IV and they are no longer here. What ever i did before for IV is with the help of the university students and most of them i know left after their graduation or ready to leave in the next few months.
As always there are other members who are in IV and they do not want to participate in the IV activities. All they want is to get the information from IV forums.
I had 3 of my co-workers in IV and they are no longer here. What ever i did before for IV is with the help of the university students and most of them i know left after their graduation or ready to leave in the next few months.
As always there are other members who are in IV and they do not want to participate in the IV activities. All they want is to get the information from IV forums.
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EB3June03
06-28 12:06 AM
Folks,
I want to find out if the remarks section of the I-693 form should be filled in by the civil surgeon for applicant who has LTBI and according to CDC is recommended to go for Evaluation for Treatment for TB.
From USCIS website:-
USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1758d5b07655b110VgnVCM1000004718190aRCR D&vgnextchannel=da3eaca797e63110VgnVCM1000004718190a RCRD)
Q: Both the CDC and USCIS have revised their requirements for medical referrals, as notated on Form I-693. In what instances must the referral section in Part 3 be completed?
Only complete Part 3, Referral to Health Department or Other Doctor / Facility, if the referral was required, such as when a Class A condition is suspected and needs further evaluation. Do not complete Part 3 if the referral was merely recommended by the CDC. Instead notate the (recommended but not required) referral in the Remarks box under that particular disease or disorder. This will help alleviate the possibility of USCIS rejecting the Form I-693 due to an erroneous assumption that a follow-up evaluation was needed before completion of the form
I know the Part 3 should NOT be filled by the civil surgeon if the applicant has Class B latent TB. (PPD positive) AND X Rays clear of any Active TB.
If the remarks section is NOT filled in, would there be any problems? Civil surgeon has marked Part 2 with Skin test positive and the size of the induration. Also, he has marked the X Rays normal but he has NOT filled in the Remarks section. I hope that is OK.
I want to find out if the remarks section of the I-693 form should be filled in by the civil surgeon for applicant who has LTBI and according to CDC is recommended to go for Evaluation for Treatment for TB.
From USCIS website:-
USCIS - Questions & Answers:<br>Changes to the Tuberculosis and Vaccination Requirements Required for Adjustment of Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1758d5b07655b110VgnVCM1000004718190aRCR D&vgnextchannel=da3eaca797e63110VgnVCM1000004718190a RCRD)
Q: Both the CDC and USCIS have revised their requirements for medical referrals, as notated on Form I-693. In what instances must the referral section in Part 3 be completed?
Only complete Part 3, Referral to Health Department or Other Doctor / Facility, if the referral was required, such as when a Class A condition is suspected and needs further evaluation. Do not complete Part 3 if the referral was merely recommended by the CDC. Instead notate the (recommended but not required) referral in the Remarks box under that particular disease or disorder. This will help alleviate the possibility of USCIS rejecting the Form I-693 due to an erroneous assumption that a follow-up evaluation was needed before completion of the form
I know the Part 3 should NOT be filled by the civil surgeon if the applicant has Class B latent TB. (PPD positive) AND X Rays clear of any Active TB.
If the remarks section is NOT filled in, would there be any problems? Civil surgeon has marked Part 2 with Skin test positive and the size of the induration. Also, he has marked the X Rays normal but he has NOT filled in the Remarks section. I hope that is OK.
more...
sreenivas11
08-28 09:33 AM
Hi pd04
when did your checks encashed?
when did your checks encashed?
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DJ_Prakash
01-26 03:54 PM
My wife is on H4 and she is studying Masters and we already have EAD. She would like to do Internship and she still has 6 months to graduation and my question is
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern
Apreciate if someone can give feedback on this.
Thanks in advance,
Prakash
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern
Apreciate if someone can give feedback on this.
Thanks in advance,
Prakash
more...
amsgc
06-17 11:06 AM
A# will be on yr approved I140 above yr name ,in beneficiary column
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
That's correct!
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
That's correct!
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rogueDev
07-05 08:01 PM
As Silverlight is a browser side technology, you would have no problem serving Silverlight content from our servers as long as you add the proper MIME type settings to the site via .htaccess rules such as:
AddType application/xaml+xml .xaml
AddType application/x-silverlight-app .xap
AddType application/x-ms-xbap .xbap
HTTP responses have a "content-type" as apart of their header.
http://en.wikipedia.org/wiki/List_of_HTTP_headers
Examples are JPG, HTML, EXE.
It is advised to set the content type appropriately when you serve a file from your webserver by modiftying your htaccess file. To be honest, you can get away without setting this for all the popular browsers from my experience, but it might affect caching or obscure browsers negatively. There could be other implications, but none that I'm aware of.
Since Silverlight xap archives are a very new type, 90% of servers probably aren't configured to serve this filetype by default, so they're advising you to modify your htaccess file and *** that type.
AddType application/xaml+xml .xaml
AddType application/x-silverlight-app .xap
AddType application/x-ms-xbap .xbap
HTTP responses have a "content-type" as apart of their header.
http://en.wikipedia.org/wiki/List_of_HTTP_headers
Examples are JPG, HTML, EXE.
It is advised to set the content type appropriately when you serve a file from your webserver by modiftying your htaccess file. To be honest, you can get away without setting this for all the popular browsers from my experience, but it might affect caching or obscure browsers negatively. There could be other implications, but none that I'm aware of.
Since Silverlight xap archives are a very new type, 90% of servers probably aren't configured to serve this filetype by default, so they're advising you to modify your htaccess file and *** that type.
more...
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wandmaker
12-10 04:26 PM
Hi
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
The name on the AP should match with passport. Make sure your 131 form has a correct name, if yes then you can reapply for a AP without a filing fee otherwise you have to pay. BTW, check all your receipts whether it has a correct name
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
The name on the AP should match with passport. Make sure your 131 form has a correct name, if yes then you can reapply for a AP without a filing fee otherwise you have to pay. BTW, check all your receipts whether it has a correct name
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mna123
12-18 02:12 PM
Any one please reply ....
more...
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Blog Feeds
07-13 04:10 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf). The schools listed have all been certified to participate in the program.
The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.
Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.
Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.
If you need assistance or an explanation of the SEVP, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.
More... (http://www.h1bvisalawyerblog.com/2010/07/updated_list_sevp_approved_sch_5.html)
The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf). The schools listed have all been certified to participate in the program.
The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.
Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.
Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.
If you need assistance or an explanation of the SEVP, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.
More... (http://www.h1bvisalawyerblog.com/2010/07/updated_list_sevp_approved_sch_5.html)
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needhelp!
08-20 10:08 PM
I am sure members will be willing to pay small donations to listen to these conference calls?? Not sure if it is Legal?
more...
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ujjvalkoul
07-06 09:15 PM
It just got approved today...
72 months = 6 years...looks like they could not calculate this...No wonder, there is retrogression
72 months = 6 years...looks like they could not calculate this...No wonder, there is retrogression
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DSLStart
03-14 12:54 PM
EB-3 ROW current PD is March 2003, his PD is 2006, so he is not current.
Since you do not belong india nor china, I assume your case is current. So, they probably approving your case. Good luck
Since you do not belong india nor china, I assume your case is current. So, they probably approving your case. Good luck
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raysaikat
01-10 07:53 PM
Hi,
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.
Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.
My current visa status is H4. As i cannot work on this visa, I am interested in doing an Unpaid Internship. Please clarify whether I can do so on an H4 visa.
I'm trying to secure the internship in a nonprofit organisation. Will there be an exception for them, in case it's not allowed otherwise?
Thanks a tonne!!!
AFAIK, you can do volunteer work without restrictions, provided this truly is a volunteer work; i.e., there is no employer-employee relationship, and you are not working in anticipation that you will be hired in near future based on your current work.
Maybe a good test is, if the nonprofit organization requires your SSN before they would allow you to work, then you may not do that work on H4.
smuggymba
09-29 06:08 PM
I am getting ready to n-470 to preserve residency. My company is sending me to UAE for one week period which will leads to other long back and forth trips there. I need to file n-470 to preserve residency for naturalization. I have already lived here for more than one year as a permanent resident. My questions are:
1. Where do I find a sample communication letter as a support document?
2. What do I write in it?
Thank you in advance.
rubbing salt on wounds....good job. People are waiting from 2002 for Green Card and you're asking naturalization issues.
1. Where do I find a sample communication letter as a support document?
2. What do I write in it?
Thank you in advance.
rubbing salt on wounds....good job. People are waiting from 2002 for Green Card and you're asking naturalization issues.
pd_recapturing
03-21 04:33 PM
I went to Infopass to enquire about my interfile status. The first level officer said since my PD is not current, she will not allow me to meet the IO. I argued that PD has nothing to do with knowing the status and allow me to meet the actual IO. she still did not. What a crap !!!
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