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rkdownload
01-23 10:30 PM
Received the following RFE on H1B Extension.
1. copies of signed contracts between the petitioner and XXX (my name)
2. a complete itinery of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and address of the establishment, venues, or locations where the services will be performed for the period of time request; and
3. copies of signed contractual agreements, statements of work, work orders, service agreements, and letter between the petitioner and the authorised officials of the ultimate end-client companies where the work will actually be performed that specifically list XXX (my name) on the contracts and provides a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wage paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence.
NOTE: The evidence must show speciality occupation work for the beneficiary with the actual end-client company where the work will ultimately be performed. Merely providing contracts between the petitioner, through any other consultaants or staffing agencies, to an ultimate end-client.
My employer is a small consulting company for whom I work on corp-to-corp positions. Now my employer is saying that he cannot reply this RFE and asked me to work on EAD. I would like him to atleast reply the RFE. Any advise in this direction would be highly appreciated. Need to reply by Jan 29.
1. copies of signed contracts between the petitioner and XXX (my name)
2. a complete itinery of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and address of the establishment, venues, or locations where the services will be performed for the period of time request; and
3. copies of signed contractual agreements, statements of work, work orders, service agreements, and letter between the petitioner and the authorised officials of the ultimate end-client companies where the work will actually be performed that specifically list XXX (my name) on the contracts and provides a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wage paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence.
NOTE: The evidence must show speciality occupation work for the beneficiary with the actual end-client company where the work will ultimately be performed. Merely providing contracts between the petitioner, through any other consultaants or staffing agencies, to an ultimate end-client.
My employer is a small consulting company for whom I work on corp-to-corp positions. Now my employer is saying that he cannot reply this RFE and asked me to work on EAD. I would like him to atleast reply the RFE. Any advise in this direction would be highly appreciated. Need to reply by Jan 29.
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singhsa3
08-26 12:37 PM
Bump
GC_Optimist
12-03 11:30 AM
I said I will get stamping done before I return from India for the first time. That way the action of getting I-94 at POE upto Feb28,2007 by official does not arise.
I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)
O.K I think that is the best option. I was responding to a out of status
situation within U.S because of expired I-94.
I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)
O.K I think that is the best option. I was responding to a out of status
situation within U.S because of expired I-94.
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sunny1000
04-14 06:13 PM
congrats!;)
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gimme_GC2006
07-19 03:50 PM
It is in the bottom of the first page of I-485 application form. It says "Fill in box if G-28 is attached to represent the applicant"
Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.
yes..I can see it now..thanks though.
I hope my employer wont ask me to give G-28 now.
Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.
yes..I can see it now..thanks though.
I hope my employer wont ask me to give G-28 now.
jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
more...
swo
07-13 02:28 PM
Notwithstanding the good research below...
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Given this is legislation, I don't think rule changes can trump it. I don't believe per country limits will change. Besides, how is that a solution to anything? This is not an Indian or Chinese issue. It's a legal immigrant issue.
See pg CRS-5 of document http://fpc.state.gov/documents/organization/84914.pdf
Two important exceptions to the per-country ceilings have been enacted in the
past decade. Foremost is an exception for certain family-sponsored immigrants.
More specifically, the INA states that 75% of the visas allocated to spouses and
children of LPRs (2ndA family preference) are not subject to the per-country ceiling.18
Prior to FY2001, employment-based preference immigrants were also held to percountry
ceilings. The American Competitiveness in the Twenty-First Century Act
of 2000 (P.L. 106-313) enabled the per-country ceilings for employment-based
immigrants to be surpassed for individual countries that are oversubscribed as long
as visas are available within the worldwide limit for employment-based preferences.
The impact of these revisions to the per-country ceilings is discussed later in this
report......................
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pointlesswait
03-21 08:06 AM
How many paystubs do you need to file for H1-extension.
In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.
will that be enough or do i need all 4-stubs to be 80 hrs????
In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.
will that be enough or do i need all 4-stubs to be 80 hrs????
more...
srikondoji
06-18 07:06 PM
franklin,sroym
I never said that you did not donate. Please re-read my post.
I agree with all of your points and i think we should be carefull in our posts.
I think, the moderators should remind the posters every now and then and also edit posts to appeal to members of all nationalities
Thanks
sri
I never said that you did not donate. Please re-read my post.
I agree with all of your points and i think we should be carefull in our posts.
I think, the moderators should remind the posters every now and then and also edit posts to appeal to members of all nationalities
Thanks
sri
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hopefulgc
02-11 03:08 PM
i think DOS is just about to copy paste this post as the new visa bulletin.... How wild would that be!
India
Eb1 - C
Eb2 - Dec2006
EB3 - Jan2003
China
EB1 -C
EB2 - Jun2006
EB3 - Dec2005
ROW
EB1 - C
EB2 - C
EB3 - Jan2007
EB4 , EB5 - C for all
India
Eb1 - C
Eb2 - Dec2006
EB3 - Jan2003
China
EB1 -C
EB2 - Jun2006
EB3 - Dec2005
ROW
EB1 - C
EB2 - C
EB3 - Jan2007
EB4 , EB5 - C for all
more...
rockstart
04-06 11:51 AM
Perhaps your old employer might have withdrawn/ revoked your I 140 and that might have triggered the RFE. Still all they will ask is new EVl with job responsiblities so easy to answer
Thank you all four replies. You guys are relly helpful. I did not change state, I just moved from one street to another street with in the same city.
But only thing is I am working for different employer and I have NOT yet applied AC21. If this RFE is about "employment verification", I am thinking of sending from new employer since my I 485 filed more than 6 months. I hope this is ok. Please correct me if I am wrong.
Thank you all four replies. You guys are relly helpful. I did not change state, I just moved from one street to another street with in the same city.
But only thing is I am working for different employer and I have NOT yet applied AC21. If this RFE is about "employment verification", I am thinking of sending from new employer since my I 485 filed more than 6 months. I hope this is ok. Please correct me if I am wrong.
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pappu
09-27 12:00 PM
I have been living in Minnesota for the last 7 yrs...:D
So i dont think it wud be too different from what i experience here.
So i shld be ok. :)
I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
... Maybe swiss bank accounts are key to it ! ;)
So i dont think it wud be too different from what i experience here.
So i shld be ok. :)
I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
... Maybe swiss bank accounts are key to it ! ;)
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amslonewolf
10-02 02:10 PM
The attorney gets the AP documents.
I did get my EAD cards at home but the AP went to Attorney.
I did get my EAD cards at home but the AP went to Attorney.
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aquarianf
06-15 11:39 AM
In central NJ, I called over 9 Doctors and only two of them had an appointment before July 1st -2nd week.
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
more...
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felix31
07-01 05:38 PM
friends,
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
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crazydc
09-27 06:44 PM
My 485, EAD and AP application received in NSC on AUG 2nd. My personal checks are not redeemed yet. I haven't received receipt numbers or EAD or FP.
But the USCIS receipting times states NSC is processing receipt notice for AUG 8th.
I don't know what's going on....
Do they transfer my case to TSC??? Because I am living in TX???
My employer office is in Illinois and my lawyer office is in Michigan.
My I-140 is filed on Mar'2007 and still pending in NSC.
But the USCIS receipting times states NSC is processing receipt notice for AUG 8th.
I don't know what's going on....
Do they transfer my case to TSC??? Because I am living in TX???
My employer office is in Illinois and my lawyer office is in Michigan.
My I-140 is filed on Mar'2007 and still pending in NSC.
more...
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gcformeornot
10-19 11:01 AM
Anything less than 800,000 is good... even a few hundred thousand less :) There's still a lot of work and patience required but a good news is a good news nevertheless.
any news in Good News. Now with 480,000 less applications it even a better NEWS. But I aggree our efforts needs to continue towards reform. I believe even if they only change law regarding Counting Family members in Visa numbers. That will work very well for us.
any news in Good News. Now with 480,000 less applications it even a better NEWS. But I aggree our efforts needs to continue towards reform. I believe even if they only change law regarding Counting Family members in Visa numbers. That will work very well for us.
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va_labor2002
06-22 09:17 PM
I think, if at all Minister is being planned to be met , it is better only few problems are presented to Minister.
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
I think VISA retrogression problem can be addressed to the minister. That itself will give BIG relief to thousands of people from India.Make a special VISA Quota for India is another good option. Minister can suggest this option to the US Officials and Senators ! He is scheduled to meet some US senators in DC and NYC.
This is great opportunity for poeple living in Maryland and DC area. It is easy to go and meet him personally ! Think about it guys....
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
I think VISA retrogression problem can be addressed to the minister. That itself will give BIG relief to thousands of people from India.Make a special VISA Quota for India is another good option. Minister can suggest this option to the US Officials and Senators ! He is scheduled to meet some US senators in DC and NYC.
This is great opportunity for poeple living in Maryland and DC area. It is easy to go and meet him personally ! Think about it guys....
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rjgleason
June 11th, 2004, 04:43 AM
I agree with Bob here, as I've shot with both Nikon D1's and F5's from back in the day, to the latest stuff. I've done the same with Canon through the 90's and the current crop.
I feel like Canon has the upper hand on Nikon currently in both bodies and lenses.
Bob did label his opinion, most likely without thinking about it -- with the IMHO, to avoid attacks as such. Everyone is entitled to their opinions and none of us can 100% say that Canon lenses are better than Nikons.. No one here does bench tests, price comparisions, etc.. It's just field use and preference that determines this.
Back into your corner's fighters! Let's argue about sports or hot women before we waste our time on the merits of macro lenses!
Back to the topic at hand.. I think the Nikon is probably her best bet because of the build quality and apparently the kit lens is pretty damn good. You can pick up the D70 w/o the kit lens for $999 MSRP, which is only $100 over MSRP the 300D. So maybe the first question is, decide if either kit lens is fine for you. Then determine the build quality, and lastly determine which lens system you might want to grow into.
I don't think you can make a bad decision either brand you go with. We can all be happy with that. Competition is good.
-- Matt
Thank you Matt. Must have been a misinterpretation of what I said or how I said it. I also said to Janey that the D70 would be a great choice.
and my opinions, for sure, are only humble and only biased to my own degree of using both mfrg's equipment.
If I wanted such references that were bestowed upon me, I could have easily stayed at "that other site" where one can always pick up an insult or two in a matter of minutes. "Dejavou' ...all over again." (sp?)
I feel like Canon has the upper hand on Nikon currently in both bodies and lenses.
Bob did label his opinion, most likely without thinking about it -- with the IMHO, to avoid attacks as such. Everyone is entitled to their opinions and none of us can 100% say that Canon lenses are better than Nikons.. No one here does bench tests, price comparisions, etc.. It's just field use and preference that determines this.
Back into your corner's fighters! Let's argue about sports or hot women before we waste our time on the merits of macro lenses!
Back to the topic at hand.. I think the Nikon is probably her best bet because of the build quality and apparently the kit lens is pretty damn good. You can pick up the D70 w/o the kit lens for $999 MSRP, which is only $100 over MSRP the 300D. So maybe the first question is, decide if either kit lens is fine for you. Then determine the build quality, and lastly determine which lens system you might want to grow into.
I don't think you can make a bad decision either brand you go with. We can all be happy with that. Competition is good.
-- Matt
Thank you Matt. Must have been a misinterpretation of what I said or how I said it. I also said to Janey that the D70 would be a great choice.
and my opinions, for sure, are only humble and only biased to my own degree of using both mfrg's equipment.
If I wanted such references that were bestowed upon me, I could have easily stayed at "that other site" where one can always pick up an insult or two in a matter of minutes. "Dejavou' ...all over again." (sp?)
nozerd
08-07 02:34 PM
You dont have to get NEXUS. It is easier if you do, but you dont Have to.
The wait during regular commute hours in mostly 15 mins. There may be exceptions. However your facts are wrong. NEXUS is not a reqt.
Yes you will need a stable job in Detroit. I am not in IT. I would be transfering to Detroit office of my company but serving same clients that I am serving currently.
The wait during regular commute hours in mostly 15 mins. There may be exceptions. However your facts are wrong. NEXUS is not a reqt.
Yes you will need a stable job in Detroit. I am not in IT. I would be transfering to Detroit office of my company but serving same clients that I am serving currently.
Sum
08-11 02:28 PM
My PD is 10/04. My I 485 was received on 7/2/07 in TSC. I am the primary applicant and my case was transfered to NSC in 8/07 while the I485 of my spouse remained with TSC. I have no LUD on my case since 11/07 but her case was transfered to NBC for standard interview. She lives in a deifferent state as she is studying and I thought that may be they want to make sure that we are married (as has been with many other cases). I was hoping that may be they will also send my case for interview as is usual for other people but having our cases in 2 different service centers has made it complicated. Will wait and see.
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