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Saturday, June 25, 2011

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  • 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.





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  • anindya1234
    06-01 03:27 PM
    By the way..my petition was not endorsed by IV when I first floated it...so it should not be treated as an official action/petition by/from IV





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  • gk_2000
    01-26 07:05 PM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal





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  • logiclife
    08-03 05:25 PM
    I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:

    It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.

    1. What is the INS verification process?
    2. Do employer can verifty it by Fax?
    3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?

    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?



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  • puvathoor
    02-17 09:02 AM
    Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?

    EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).

    What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.

    While I would love for this to happen, this seems to be a very remote possibility.





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  • raj2007
    02-18 10:33 PM
    What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.

    check here for infopass.
    http://infopass.uscis.gov/



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  • sree_99
    02-01 08:09 PM
    She is not using her EAD, She is enrolled fulltime in school.





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  • deepimpact
    09-22 08:20 PM
    Next thing....H1 program only once in 3 years or only when "needed".....
    Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
    Attach huge price tag to GC... and...

    Well, the message is clear...Isn't it?

    Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D



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  • sanjay02
    12-12 12:49 PM
    I have a dumb question, do they finger print you( similar to non-immigrant category) when you enter using AP?





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  • chantu
    06-04 10:13 AM
    I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.

    I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.



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  • snathan
    01-22 04:22 PM
    Hi,

    My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.

    Please advice.

    Whats the reason for denial...





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  • americandesi
    08-31 01:42 PM
    OK so we're 1 million in the backlog. That could be a small country.

    Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

    Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

    So.. if anyone has the info on how to register a new country, I'd like to know.

    Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

    Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
    8/31:7.45am & 6pm;
    9/3: 9.25am & 6pm;
    9/4: 7.45am & 6pm;
    9/5: 9.25am & 6pm;
    9/6: 7.45am & 6pm;
    9/7: 9.25am & 6pm;
    9/10: 9.25am & 6pm;
    9/11: 7.45am & 6pm;

    Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

    Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
    the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV


    Wanna know the fastest way to get a GC with no strings attached?. Apply in EB1 under "Foreign nationals that are managers and executives subject to international transfer to the United States". Here are the steps

    1) Work as a Manager/CEO/CFO in India (or) any other country for 2 years with a company that has a branch in US.

    2) Get tranferred to US branch of the company with the same designation and command a salary matching the prevailing wage for Manager/CEO/CFO at that location.

    3) You are all set to apply in EB1.



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  • lavanyamohan
    11-20 08:58 PM
    message sent to CBS60 minutes...





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  • gc_wannabe
    06-17 09:12 PM
    TOTALLY unknown...

    No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.

    So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.

    Cheers

    ArkBird

    Thank you.



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  • Harivinder
    06-13 04:19 PM
    Thanks For the information. I have made all the calls and I am trying to convince my friends to do the same.





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  • masterji
    10-14 05:40 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.



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  • thediablo
    05-30 03:19 PM
    oh MAN! THIS SUCKS

    i think Soul site really sucks. :D





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  • bsbawa10
    08-21 09:46 AM
    I broke my politeness today.USCIS inconsistency broke the limits for me.

    My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.

    I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.

    I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.

    Lady: How could you have ever called CSC because their phone numbers are not public
    Me: I called the same number and for some reason it got transferred to CSC.
    Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
    Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
    Lady: Can you please hold for a moment.
    After hold:
    Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
    Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
    Lady: Sir, we cannot tell you the reason why do we transfers
    Me: But you have already told me the reason in the written notice as "To speed up processing"
    Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
    Me: I hang up the phone.





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  • WAIT_FOR_EVER_GC
    06-24 03:19 PM
    Rupert Murdoch, Mayor Bloomberg Lobby For Immigration Reform, Path To 'Legal Status' For Illegal Immigrants (http://www.huffingtonpost.com/2010/06/24/rupert-murdoch-mayor-bloo_n_623805.html)

    Excellent.

    Let them lobby.
    Agriculture sector and Tech firms, Construction, Latinos have been lobbying for years now but nothing happened.
    Immigration will be taken up during the next year. The Top Agenda is energy bill for this year. No Matter who lobbyies nothing gonna matter.
    Next year if Reps gain majority in the Senate then It will be tough battle.
    Amnesty will not come easy.
    If the fight between reps and dems become too intense. No CIR next year either.
    Adjobs,dream act,some EB relief, tough border, Fine employers may pass piece meal
    which will calm down most of the Immigration lobbyist next year.

    If God forbid the market does not pickup next year, jobs, housings, finance .. CIR will be nearly impossible.

    Bernanke
    http://www.usatoday.com/money/economy/2010-06-08-bernanke_N.htm
    http://www.reuters.com/article/idUSTRE6523SN20100609





    morchu
    04-21 01:40 PM
    Wrong.
    H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.

    So "brick2006", theoreticaly can file for AOS, even when he is in H4.

    -Morchu

    ....To file AOS once PD is current, it is essential that one be in H1-B status.





    gsc999
    06-26 12:16 PM
    Harry Reid will use "CLAY PIGEON" maneuver, a rarely used tool to expedite the passage of the immigration bill. More later when Senate reconvenes @ 2:15 ET

    What is Clay Pigeon:
    "The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.

    Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."

    http://news.aol.com/elections-blog/2...geon-maneuver/



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