kumarh1b
01-28 05:16 PM
Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
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xbohdpukc
03-26 07:30 PM
Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...
CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....
It was done well in my case. Takes a lawyer who knows what s/he is doing though. Gluck.
CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....
It was done well in my case. Takes a lawyer who knows what s/he is doing though. Gluck.
pbuckeye
03-30 07:10 PM
How about your client directly sending the agreement to the consulate .
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
I agree, explore the option of sending the MSA directly to the consulate. If may solve both the problems (query and breach of contract)
And folks - try to shed the negativity and keep the thread on topic
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hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
more...
saravanaraj.sathya
08-24 10:51 AM
Pl post the recording I missed it.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
ChainReaction
02-21 12:15 PM
https://egov.immigration.gov/cris/jsps/ptimes.jsp
that is for last month updated jan 17,2007 not for feb?
that is for last month updated jan 17,2007 not for feb?
more...
permfiling
02-09 04:22 PM
A correction, it is for 3 years infact not 4 and the I-94 stamped at POE was 1 month short of 3 years.
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asdqwe2k
04-19 10:02 AM
Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.
All the desi consulting companies do that, so that their employees can work anywhere in USA...
All the desi consulting companies do that, so that their employees can work anywhere in USA...
more...
theperm
02-08 11:02 PM
Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????
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GCaspirations
10-02 11:53 AM
Can one apply for Social Security # after getting EAD card ?
Once you received your EAD card, you can apply for SSN.
Once you received your EAD card, you can apply for SSN.
more...
nixstor
06-28 02:13 PM
I am not sure if I am reading this right or not, go this page
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
http://www.imminfo.com/resources/cis-sop-aos/3-7.html
and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.
So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?
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fromnaija
03-24 04:03 PM
Right off the bat I'd say you need five years of progressive experience after bachelor to qualify for EB2. Secondly, the job must require that level of qualification and experience. However, you may want to ask an immigration attorney.
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
more...
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gc_chahiye
11-13 12:13 PM
I would appreciate if any of you could shed light on the following scenario:
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.
Thanks
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
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howzatt
07-13 06:37 PM
n1 buehler
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Pagal
07-24 04:57 PM
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
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nareshg
10-02 02:12 AM
Anyone with Oct 06 or earlier RD still waiting for I-140 approval?
Me-:(
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
Me-:(
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
more...
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dingudi
06-08 07:59 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.
So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
You mention that you had graduate assistantship in 1999-2000 on F1. This means that you were paid for this assistantship , in terms of bi-weekly or monthly paycheck, correct? And you did file returns for that year as well as obviously you have W2.
So you may even have another effort to convince the IO that the W2 that you are providing is in fact because you worked as graduate assistant on-campus which is allowed being on F1 for the first 9 months of F1 and that you did not take any illegal work authorization. This should be obvious from employer name on W2 which is most likely the university. But make sure whoever is your attorney is , they make this point clear.
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pmb76
07-22 03:54 PM
Trance - Indeed a tough call. I've been in the US 12 years now. I chose my career over the GC and have learnt a lot, have a great job but no GC yet.
Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.
Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.
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tnite
06-26 02:35 PM
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
If I am not wrong that amendment has been changed considerably.
the new amendment states that Employer abased GC will be phased out in 5 yrs and then merit based kicks in
H1B quota for US Master's Grad is 40K according to the amendment.
If I get the link I will post it
If I am not wrong that amendment has been changed considerably.
the new amendment states that Employer abased GC will be phased out in 5 yrs and then merit based kicks in
H1B quota for US Master's Grad is 40K according to the amendment.
If I get the link I will post it
sparky_jones
04-09 10:14 PM
Dear All,
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
1. State her true current status. If she's switched to H1B, state "Temporary Worker".
2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
3. It should be the date of expiry of your current I-94.
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
1. State her true current status. If she's switched to H1B, state "Temporary Worker".
2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
3. It should be the date of expiry of your current I-94.
Googler
06-22 12:44 PM
Didn't want to start a new thread for this (perhaps this thread should be re-titled Media Coverage of Name Check Mess)
Today's NPR story about name checks
http://www.npr.org/templates/story/story.php?storyId=11271832
A New Spin:
"The problem isn't entirely of the FBI's making, according to the bureau's assistant director, John Miller. A background check used to consist of looking to see whether a person was under investigation by the FBI. Now immigration officials want to know if the person's name has come up in any other investigations.
That meant the FBI suddenly had to redo some 2.7 million checks. Miller said that load was added to the 3 million background checks the FBI typically gets every year; the result was that the bureau was overwhelmed.
"When you hand someone � with a staff of 30 [people] � 2.7 million names and say, 'Do them over' � and not just do them over, but where there are issues and questions and missing files, 'Resolve those issues' � you are going to have a challenge on your hands," Miller says.
To combat the problem, Miller says the FBI is raising the fees they charge various agencies so they can hire more staff. A typical background check costs about $2. The FBI is raising the fee to $9.
FBI officials are also talking to the Department of Homeland Security about borrowing some of their employees to clear out the backlog. And they are discussing how they might change FBI criteria to make the process more efficient.
"There is a perception born of these stories that we're indifferent," Miller says. He adds, "But we're processing them faster than we are taking them in."
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
Today's NPR story about name checks
http://www.npr.org/templates/story/story.php?storyId=11271832
A New Spin:
"The problem isn't entirely of the FBI's making, according to the bureau's assistant director, John Miller. A background check used to consist of looking to see whether a person was under investigation by the FBI. Now immigration officials want to know if the person's name has come up in any other investigations.
That meant the FBI suddenly had to redo some 2.7 million checks. Miller said that load was added to the 3 million background checks the FBI typically gets every year; the result was that the bureau was overwhelmed.
"When you hand someone � with a staff of 30 [people] � 2.7 million names and say, 'Do them over' � and not just do them over, but where there are issues and questions and missing files, 'Resolve those issues' � you are going to have a challenge on your hands," Miller says.
To combat the problem, Miller says the FBI is raising the fees they charge various agencies so they can hire more staff. A typical background check costs about $2. The FBI is raising the fee to $9.
FBI officials are also talking to the Department of Homeland Security about borrowing some of their employees to clear out the backlog. And they are discussing how they might change FBI criteria to make the process more efficient.
"There is a perception born of these stories that we're indifferent," Miller says. He adds, "But we're processing them faster than we are taking them in."
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
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