ck2009
06-19 12:17 AM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
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GCInThisLife
07-18 05:44 PM
thanks for posting.. may be junior members do not have permission to post attachments..:)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
jnraajan
03-20 04:46 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I brought up this fasting idea a few days back, but never gathered much support.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I brought up this fasting idea a few days back, but never gathered much support.
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veereddy
07-14 12:25 PM
We traveled thru Frankfurt last September, no need of transit visa, no issues, everything was smooth.
more...
raaki
11-06 01:38 PM
I am July 3rd filer and just checked my status online.Parole document mailed today
Sreeshankar
06-30 08:32 PM
Hi!
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
Yes, I guess it is absolutely necessary to pass the different stages of USMLE and then do residency and based on what speciality one gets in to,irrespective of what background is. Usually OB/Gyn takes upto 5-6 yrs..down the lane. Please google up USMLE and medical practice in US, you will find more answers.
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
Yes, I guess it is absolutely necessary to pass the different stages of USMLE and then do residency and based on what speciality one gets in to,irrespective of what background is. Usually OB/Gyn takes upto 5-6 yrs..down the lane. Please google up USMLE and medical practice in US, you will find more answers.
more...
vkannan
08-14 07:26 PM
i was given a red dot as well.. jus coz i started a thread on Oct Bulletin - discussion! with a gracious addressing .. as A.hole!!! what one earth i did to deserve that..
so anyways...I dont care a **** but this is imperialist
After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....
so anyways...I dont care a **** but this is imperialist
After seeing the Sep bulletin rightly so ppl. who are struck with unfortunate EB3 category are frustrated, your post came at the wrong timing.....just to chill you off I gave you green enjoy....
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gc_on_demand
09-19 10:54 AM
Hello All
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
more...
pappu
08-23 01:58 PM
Do not spam the forum by posting the same post more than once.
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dontcareanymore
04-02 01:37 PM
Just so all can understand :
Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?
Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?
more...
vin13
06-02 04:06 PM
it is good if you can save some money. Make sure the print quality is good and meets the specifications.
We had our passport photos taken from Walgreens to file for AP. USCIS sent me an RFE requesting photos. I was not sure what was wrong the first time. I got the next set of photos done from the postoffice.
We did not take any shortcuts but still got an RFE for photos.
All i am saying is make sure you have good quality photos that meet the specs when you try doing it yourself.
We had our passport photos taken from Walgreens to file for AP. USCIS sent me an RFE requesting photos. I was not sure what was wrong the first time. I got the next set of photos done from the postoffice.
We did not take any shortcuts but still got an RFE for photos.
All i am saying is make sure you have good quality photos that meet the specs when you try doing it yourself.
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check_name
07-24 07:33 PM
thank you very much for the info.
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
more...
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americandesi
09-06 02:38 PM
1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
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munnu77
09-29 03:59 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
dont worry..it took my frnd almost 4 months
more...
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aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
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devikas81
06-19 03:44 PM
I am on similar situation....I really appreciate if someone can advise on it...
Thanks in advance...
Thanks in advance...
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she81
07-05 09:24 PM
I don't know why they keep whining about bringing more H1s when they cannot provide for the ones already here? Even a layman would agree that more H1s without corresponding legislations to fix broken GC system would add fuel to the fire.
Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?
Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?
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nashim
09-04 01:36 PM
Attorney needs to ask for PD porting while applying new I140. Once new I140 is approved with old PD then send a interfiling letter along with a copy of new approved I140 for adjustment of the pending I485 which is based on old I140.
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fromnaija
09-15 12:46 PM
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
ps57002
09-14 07:50 AM
I see IV has done an excellent job in promoting the event as I see it listed in several newspapers (and listed on lawfirm websites such as murthy, siskund, etc. I think it will be a huge turnout and you want to be a part of this exciting rally. If you're thinking "well there's enough people already" then you need to think "i'm doing my part, that's what matters, no matter how many show/don't show up". Stand up for what is right. Stand up cause enough is enough. Stand up because each and every one counts. Come on to D.C. You'll make a lot of new friends and can have fun in person talking to people who understand....you can talk about your receipts in person too :p Will be great...don't miss out.
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734
http://www.sulekha.com/groups/postdisplay.aspx%3fcid=1733%26forumid=1073559
blogs.ilw.com/gregsiskind/2007/07/immigration-v-2.html
www.i-newswire.com/pr120784.html
www.ianh.org/CommunityEvents
http://bibdaily.com/
www.telugucinema.net/board/viewtopic.php?topic=532&forum=1
www.sajha.com/sajha/html/openThread.cfm?forum=2&threadid=50661
www.aapkamanoranjan.com/beta/event_detail.php?id=224
www.atlantadunia.com/dunia/DesiCafeShowDtl.asp?ThisAd=226&Vuid=2358
washington.eknazar.com/Events/viewevent.php?id=27493
www.gbnc.org/sajha/html/eventdetail.cfm?eventid=1224
http://www.universitet.us/forum/viewtopic.php?p=9129
http://www.indiaabroad.com/events/ia_display.php?seldate1=&seldate2=&location=District+Of+Columbia
http://www.netsapboston.org/forums/viewtopic.php?p=412
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734
http://www.sulekha.com/groups/postdisplay.aspx%3fcid=1733%26forumid=1073559
blogs.ilw.com/gregsiskind/2007/07/immigration-v-2.html
www.i-newswire.com/pr120784.html
www.ianh.org/CommunityEvents
http://bibdaily.com/
www.telugucinema.net/board/viewtopic.php?topic=532&forum=1
www.sajha.com/sajha/html/openThread.cfm?forum=2&threadid=50661
www.aapkamanoranjan.com/beta/event_detail.php?id=224
www.atlantadunia.com/dunia/DesiCafeShowDtl.asp?ThisAd=226&Vuid=2358
washington.eknazar.com/Events/viewevent.php?id=27493
www.gbnc.org/sajha/html/eventdetail.cfm?eventid=1224
http://www.universitet.us/forum/viewtopic.php?p=9129
http://www.indiaabroad.com/events/ia_display.php?seldate1=&seldate2=&location=District+Of+Columbia
http://www.netsapboston.org/forums/viewtopic.php?p=412
qualified_trash
12-12 03:00 PM
Hi all,
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
I would do it!! If you are looking for people to help with sweat equity, send me a PM. No kidding!!
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
I would do it!! If you are looking for people to help with sweat equity, send me a PM. No kidding!!
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