Saturday, June 11, 2011

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  • GCWhru
    11-15 02:13 PM
    I think there is nothing called State chapter link.. we have to come together and form a group.

    Please reply to this thread and express your interest to join TN chapter.

    I will consolidate.





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  • EB2ToEB3
    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.





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  • yabadaba
    07-23 07:09 AM
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  • sam_hoosier
    12-15 09:37 PM
    Hi All,
    Can some one advice whether I can qualify for EB-2 Category?

    I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

    I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

    I do not have any other master degree like M. Com / M.Sc etc.

    Would I qualify for EB-2 Category ?

    Regards

    System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.

    So it would be tough to make a case for EB2.



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  • sw33t
    11-07 07:54 PM
    95 and counting





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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.



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  • jonty_11
    02-14 04:17 PM
    In the RIR system EB2 was MS + 3 and BS+5.

    If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole





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  • boreal
    06-07 03:16 PM
    I dont like to give them publicity either but i think they cant be brushed off...many many activits there that participate in action items...for eg. look at the number of emails sent to the poor editor that bashed the founder...pretty enthusiastic outburst i would say! 'useless' term can be applied to their activity though..bunch of xenophobic losers targeting poor illegal and not-so-poor legal would-be immigrants and trying to spread false stories...Imagine, once they get wind of this bill, all they would focus is on the word 'exemption' and someone would come up with a cooked number, say a million or so green-cards increase per year and you know where this bill will end up after that.....all too familiar...

    http://digg.com/politics/Exposing_anti_immigrant_nut

    I realize that the article talks about illegal immigrants only, but no harm in exposing this nut!!



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  • god_bless_you
    03-15 11:20 AM
    http://www.immigrationportal.com/showthread.php?t=207073





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  • kanshul
    02-01 10:40 AM
    Client forcing you is very typical.

    Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.

    Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.

    Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.



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  • reddy77
    11-06 03:29 PM
    I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...





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  • gimme_GC2006
    08-16 06:27 PM
    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.

    I had absolutely no problems, it's all smooth as long as you carry all the supporting docs. I did have a shitty experience at JFK -- there are few morons at the POE you can't do much about.

    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA



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  • chandupatla
    02-25 02:23 PM
    Hi..I am in Rockville...Let me know what is ESSEX tell me the details.





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  • hpandey
    12-09 09:42 AM
    Anybody knows, if the visa recapture included in the dream act?

    Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?

    I don't know who is worse the democrats or the republicans ...



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  • inskrish
    01-12 05:31 PM
    Hi,
    I hope I am posting in the right space and hoping to get some input from people who have been in a similar situation.
    My mother is coming from India (Hyderabad) to San francisco . The ticket was booked in India and we were hoping to get a travel companion for her and help her through gate changes, customs and related stuff. When we talked to travel agents they kept postponing until one week before departure (She leaves on 14th). Now they were able to locate one companion until London but after that they split.
    Eventhough wheelchair assistance was requested from London and confirmed. I am worried that she never traveled by herself and she wouldn't be able to complete all the forms or answer all the questions or even stand in the right queue by herself at the port of entry in San francisco.
    I am sure there will be other passengers from London to San francisco but I want to talk to them before she gets on the plane and not leave to chance and hope somebody helps her. With all the new privacy issues how do we get in touch with Telugu(worst case Hindi) speaking people on the plane from London to San francisco.

    I would appreciate your input

    Thanks in advance

    Hi,

    You don't need to worry about it!. The Airlines Staff or the wheelchair assistant will take care of gathering the data from your mother's documents and filling up the necessary forms.





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  • TDF PHOTOGRAPHY
    November 22nd, 2005, 02:28 AM
    I like # 4 well done



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  • cherish37
    11-05 04:38 PM
    Finally, case shows up this morning with notice date Oct 9th. However, physical notice was not received. Does anyone know how to request a copy of the receipt? Thanks.





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  • chantu
    02-28 09:21 PM
    bump





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  • godspeed
    03-08 12:30 PM
    A good way to start the week, glad NSC is coming out of its slumber

    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:



    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)





    gcdedo
    05-25 06:40 PM
    Does anybody have actual TEXT from Managers Amendment from Thomas?





    urpal
    07-15 08:27 PM
    I will be coming back on Sept 6th and will share my experiences.



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