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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgfaXnv8THB9q33VHy46OYaKGCrnEBUlUScxY_6zIuPYr9zdPapc5np98A2foHxIsq4jIh4M3EMFu78hMMiHjq0_lNn9-V1RXsYkZFFO98VghGduojB4LeRv61pJV1sQIM__9zKzzL8Dw/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgfaXnv8THB9q33VHy46OYaKGCrnEBUlUScxY_6zIuPYr9zdPapc5np98A2foHxIsq4jIh4M3EMFu78hMMiHjq0_lNn9-V1RXsYkZFFO98VghGduojB4LeRv61pJV1sQIM__9zKzzL8Dw/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)




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  • we_can
    12-29 12:46 PM
    Hi

    In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.

    You can invest in stocks, mutual funds, real estate or other investment vehicles with no problem and even receive the income from them. The restriction is only with you working, not investing.




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  • days_go_by
    08-20 09:15 AM
    Or is it only for EB3
    ----------
    for now only EB3.




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  • gc_buddy
    12-02 01:06 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005. ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?


    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.



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  • grupak
    08-29 11:43 AM
    We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?

    Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.

    Do you folks think this a good option to pursue?

    Lets put it to work.




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  • pappu
    06-29 10:08 AM
    I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)

    Lets see how many years it will take for him to finally grant me my wish.



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  • thomachan72
    11-05 07:26 AM
    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.

    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.




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  • theconfused
    04-02 06:39 AM
    1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.

    2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.

    3) Don't lie on visa application i.e. Form DS-160.

    4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.

    5) Case Status Report on the embassy website may or may not hold the updated information.

    6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.



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  • number30
    03-12 07:02 AM
    You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
    So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
    How big a issue is this. Should I be very scared?

    Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.




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  • chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time



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  • copsmart
    02-15 01:05 PM
    Come on, Man�

    Why are you so worried even before knowing whether your company is a TARP receiver or not?

    BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.

    Relax!!!

    Hi rvr_jcop

    Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.




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  • gaz
    11-18 01:54 PM
    Thank you for the quick response.

    She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!

    Thanks again.




    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

    2) file a new labor and port her PD from the approved 140?
    A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
    A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

    Hope this helps.



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  • imm_pro
    01-20 02:35 PM
    The new look is awsome.
    We sure picked the best day to launch this change.




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  • psaxena
    03-03 03:13 PM
    Seems to me like a planned execution to torture and frustrate us.



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  • PDOCT05
    10-29 11:35 AM
    Did you get the receipt for your dependent's 485 application or was it rejected before they issued a receipt?

    They issued receipt(starting with LIN 08XXXXXXX) and it came with the status as rejected. And infact they returned complete application.They asked me to correct and re-send the application to different P.O.Box after correcting.




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  • ohguy
    02-12 10:42 PM
    No I did not receive any RFE earlier to this. It was in that Initial Review status all the time.



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  • ameryki
    07-16 11:42 AM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you

    While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.




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  • va_labor2002
    06-16 09:57 AM
    why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?

    Excellent idea. Please talk to the Core team.




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  • gchopes
    11-05 01:41 PM
    Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.




    Ann Ruben
    02-10 11:57 AM
    Saurin,

    Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

    Ann




    eb3retro
    02-04 10:35 PM
    I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

    Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

    Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

    Thanks for all your inputs.

    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.



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