add78
03-20 10:01 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
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gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
sbdol
07-21 07:11 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.
Thanks for your input.
Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.
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bekugc
03-20 04:46 PM
omg, for a second i thought that there was really a fasting rally in DC...arranged by IV.
just chill !! :-)
just chill !! :-)
more...
swaraj
11-11 11:06 AM
desi485, thanks for the tip.
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11
But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11
But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?
JA1HIND
03-20 04:09 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I will certainly support if I know the cause for this fasting & if I know more details on this rally?
btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..
when you get a chance give more details on the cause for this rally, date etc., and see how I can support.
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
I will certainly support if I know the cause for this fasting & if I know more details on this rally?
btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..
when you get a chance give more details on the cause for this rally, date etc., and see how I can support.
more...
sw33t
11-07 07:54 PM
95 and counting
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abheja
08-25 03:40 PM
Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(
more...
Berkeleybee
05-16 01:28 PM
All,
We had always intended these forums to be mainly focused on IV's agenda and legislative strategy.
Up till now, IV's agenda has mainly been discussed in the "Green Card Retrogression" forum. We are creating a forum where we will only discuss those issues -- "IV Agenda and Legislative Strategy"
Example Topics:
Forum: IV Agenda and Legislative Strategy
IV Fundraising, News Articles on CIR issues, Current Bill Text Analysis
Forum: Green Card Retrogression
Visa Bulletin, assorted I-485 issues
I would also like to gently remind you that IV does not condone or endorse any discussions of methods to outgame the system -- by filing paperwork that does not match the facts etc. Several members have drawn our attention to posts that come close to crossing this line.
We had always intended these forums to be mainly focused on IV's agenda and legislative strategy.
Up till now, IV's agenda has mainly been discussed in the "Green Card Retrogression" forum. We are creating a forum where we will only discuss those issues -- "IV Agenda and Legislative Strategy"
Example Topics:
Forum: IV Agenda and Legislative Strategy
IV Fundraising, News Articles on CIR issues, Current Bill Text Analysis
Forum: Green Card Retrogression
Visa Bulletin, assorted I-485 issues
I would also like to gently remind you that IV does not condone or endorse any discussions of methods to outgame the system -- by filing paperwork that does not match the facts etc. Several members have drawn our attention to posts that come close to crossing this line.
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rajsoni
05-06 09:06 AM
Hi,
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
more...
andy garcia
09-27 02:18 PM
Lou Dobbs need to talk to Heenan and not the vice-versa :)
If a == b then b == a :confused:
If a == b then b == a :confused:
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burnt
06-24 10:50 AM
Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
Send them in a different packet to separate post box numbers. Do NOT send in the same package. They will get another reason to delay your application processing.
On a separate note. This morning the USPS tracking says its delivered and signed for at 6:00 am this morning. :-)
more...
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nonimmi
07-02 10:03 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born legal??
Some of have that doubt. Can you clarify please?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Did you ask your parents whether you were born legal??
Some of have that doubt. Can you clarify please?
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jayleno
08-27 03:24 PM
None of the responses can help you unless you state your state. Believe me, I have lived in 7 states till now. I went to the dmv in 4 of them.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
more...
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gbadrain
08-12 03:46 AM
See Newbie,
I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
Anyways thanks for ur opinion buddy:)
I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
Anyways thanks for ur opinion buddy:)
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Ramba
03-29 11:39 AM
techy,
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
more...
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ash0210
05-08 04:44 PM
Yes, I did contributed for this month..
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asdqwe2k
07-02 03:11 PM
I decided to marry a girl just because the dates are current.
I paid for a 2007 labor for 15k.
Greed at its best...
I paid for a 2007 labor for 15k.
Greed at its best...
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enqueued
12-18 12:53 PM
amsgc is right on all answers. For #3, you need a copy of I-129 as well
arnet
09-14 07:58 PM
IV: humble request.....please post the conference call date in advance, atleast 2 days, so that many people can attend it.
snathan
05-04 12:00 AM
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.
