transpass
03-23 05:07 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
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bestofall
03-24 10:41 AM
Rights and Responsibilities of H-1B Holders
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
Administrator2
07-07 08:23 PM
There is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.
Now go ahead and ban me...I have no problems.
You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.
IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.
Consider this as a final note of caution.
All the best
2011 +2
reddysn
06-17 10:46 PM
I dont know about it
But you may want to read this for the procedure for applying waiver for medical issues
http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
But you may want to read this for the procedure for applying waiver for medical issues
http://faq.visapro.com/Immigration-Medical-Exams-FAQ9.asp
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
more...
desiron
08-09 08:54 PM
Thanks for the update... what a relief.
Ron
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
Ron
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
Anders �stberg
October 6th, 2005, 03:25 AM
Very nice photos, I like the reflections and the wing positions. You could clone out the poop if you want to.
I use extension tubes on my 500/4 as well as the 100-400 to reduce the near focusing limit. If you can get close enough it's a great way of increasing the magnification (and filling the frame more).
The pictures below were taken with 500/4 + 1.4x + 36mm tube
http://www.dphoto.us/forumphotos/data/647/JH5Q5689_Gulsparv.jpg
http://www.dphoto.us/forumphotos/data/647/JH5Q5666_Talgoxe.jpg
and 100-400 + 20mm (I think) tube.
http://www.dphoto.us/forumphotos/data/1326/Snake_4537.jpg
I use extension tubes on my 500/4 as well as the 100-400 to reduce the near focusing limit. If you can get close enough it's a great way of increasing the magnification (and filling the frame more).
The pictures below were taken with 500/4 + 1.4x + 36mm tube
http://www.dphoto.us/forumphotos/data/647/JH5Q5689_Gulsparv.jpg
http://www.dphoto.us/forumphotos/data/647/JH5Q5666_Talgoxe.jpg
and 100-400 + 20mm (I think) tube.
http://www.dphoto.us/forumphotos/data/1326/Snake_4537.jpg
more...
veni001
06-18 10:25 AM
As far as i know only time you can recapture PD is if you filed I-485 and 180 days passed, If you haven't filed for AOS and your approved I-140 is withdrawn by the employer then you can not recapture that PD.
I would check with a good immigration attorney before making a decision.
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
I would check with a good immigration attorney before making a decision.
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
2010 smile Wallpaper
gk_2000
08-05 01:51 PM
Doesn't it say: "for certain long-term conditional residents"
I think he is talking about TPS etc status. Nothing for us :(
Edit: Just found this in USCIS
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=36c5136d2035f010VgnVCM1000000ecd190aRCR D&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1 RCRD
I think he is talking about TPS etc status. Nothing for us :(
Edit: Just found this in USCIS
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=36c5136d2035f010VgnVCM1000000ecd190aRCR D&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1 RCRD
more...
gcman2005
10-17 06:45 PM
My wifes AP also approved today. The case had a LUD on 15th but the case was not approved on that day. I had sent a fax to 402-219-6171 with my travel Itinerary on 16th and there was a LUD on 16th. And on 17 they approved the application.
I had a infopass appointment on 16th and the immigration officer gave me the fax number. He was telling me that another person had came to expedite the application and he got approval after sending the fax.
I had a infopass appointment on 16th and the immigration officer gave me the fax number. He was telling me that another person had came to expedite the application and he got approval after sending the fax.
hair Cute Baby Girl Smile Wallpaper
sixpockets
04-15 10:16 AM
TomPlate is correct, I followed the same procedure after being rejected twice.
Here's the supporting FAQ from IRS ...
http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
Here's the supporting FAQ from IRS ...
http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7
more...
good idea
10-25 11:14 AM
If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
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andy garcia
02-21 09:22 AM
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
more...
house smile - 3D, funny, smile,
helpful_leo
02-10 02:28 PM
Berkleybee
I have done as you suggested. The thread is "PACE amendment suggestions"
http://immigrationvoice.org/forum/showthread.php?t=151
Your input and suggestions are welcome, as is a formal word from IV.
I have done as you suggested. The thread is "PACE amendment suggestions"
http://immigrationvoice.org/forum/showthread.php?t=151
Your input and suggestions are welcome, as is a formal word from IV.
tattoo beautiful-smile-wallpaper
no_more_anger
12-21 07:10 PM
I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
more...
pictures Happy-Smile
javadeveloper
11-25 05:13 PM
One of my friends got GC without any problems.He got substitution labor.
Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.
USCIS really rocks :D:D:D
Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.
USCIS really rocks :D:D:D
dresses smile photo or wallpaper
rajeshalex
09-25 03:20 PM
Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.
more...
makeup Smiley iPhone Wallpaper
nefrateedi
07-27 10:21 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
You'll be fine.
You'll be fine.
girlfriend Download This Background
amitjoey
07-11 02:54 PM
Hope someone is close enough to help.
Thanks korient, Hope somebody steps up for the interview.
Thanks korient, Hope somebody steps up for the interview.
hairstyles Happy New Year Wallpapers
a_yaja
10-12 08:44 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
makemygc
04-02 09:31 PM
Hi Desiguy786,
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
sobers
02-10 10:55 AM
It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.
Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...
EU's New Tack on Immigration
Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
By JOHN W. MILLER
February 10, 2006; Page A8
BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.
Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.
"The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.
In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.
The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.
While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.
Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.
In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.
Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.
The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.
So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.
"Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.
The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.
For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.
Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."
--Andrea Thomas in Berlin contributed to this article.
Write to John W. Miller at john.miller@dowjones.com1
Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...
EU's New Tack on Immigration
Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
By JOHN W. MILLER
February 10, 2006; Page A8
BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.
Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.
"The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.
In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.
The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.
While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.
Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.
In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.
Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.
The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.
So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.
"Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.
The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.
For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.
Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."
--Andrea Thomas in Berlin contributed to this article.
Write to John W. Miller at john.miller@dowjones.com1
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