surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
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mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
mchundi
12-17 10:54 PM
Can any senior Guy/Guru confirm this...
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
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bbct
04-16 11:21 AM
That really sucks.
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
more...
krishmunn
02-10 09:47 AM
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.
GC_1000Watt
10-12 09:58 PM
I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.
Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?
Same question to you my friend. Did you renewed your H1B with the old employer or you filed with a new employer this time?
more...
GoneSouth
04-12 08:05 AM
Yes, you should have applied in 1999, before the labor and visa backlogs. ;) (I kid - above posters are correct, you *may* have enough time if you can get PERM and I-140 done very quickly, then apply for three year ext.)
- GS
- GS
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kirupa
07-20 08:45 PM
What exactly do you dislike about it?
more...
Sreenuuk
08-07 09:29 AM
are you dumb or something????
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
this has been out for weeks...we are waiting for the september bulletin
what a moron!
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
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Dhundhun
08-13 12:39 AM
English equivalent:
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
more...
coopheal
08-01 09:23 AM
I forgot my password, and security question’s answer.
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
Is there a phone number on which I can call to get my password reset?
FYI - USCIS web site where you create your account is https://egov.uscis.gov/cris/jsps/index.jsp
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tabletpc
11-19 05:55 PM
Thanks everyone...
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
more...
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subba
02-14 09:20 PM
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
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nileshup
09-25 04:50 PM
I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
more...
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newuser
05-30 12:35 PM
If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.
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alparsons
March 24th, 2005, 03:37 AM
My Pentax *ist D acts like that when the batteries become discharged. I put in freshly charged batteries, and I'm up and running again.
more...
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dwhuser
06-15 01:02 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
Our question....Is it sensible to travel on AP him being unemployed?
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ak_2006
04-30 10:35 PM
Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.
http://online.wsj.com/article/SB124112017018574119.html
Soon I will post my comments...I saw urs and pretty impressive. Keep going...
http://online.wsj.com/article/SB124112017018574119.html
Soon I will post my comments...I saw urs and pretty impressive. Keep going...
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gcformeornot
06-07 11:44 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
ksircar
04-04 03:38 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Does anyone really care?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Does anyone really care?
GreeNever
06-13 11:18 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/
