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11-19 03:01 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.
For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.
Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.
In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.
According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.
Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.
Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?
Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.
Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.
All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?
And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)
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krishnam70
02-17 06:59 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
vnsriv
11-14 11:49 AM
There is no such thing as duplicate EAD. Everytime the EAD is lost, USCIS issues a new EAD with new dates of approval and expiry i.e. they treat it as renwal. If you are not using EAD, don't bother to apply for one. It costs around $300+(i am not sure on this) and needs to be renewed every year.
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immiusa
09-16 07:56 PM
Hello gurus,
What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses
What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses
more...
geesee
07-23 04:10 PM
It mentions that in any of the incorrect filing, cases will be rejected...
does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
JunRN
07-16 10:43 PM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
more...
vikasgarg24
07-13 09:27 AM
Done and forward to friends
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jonty_11
11-17 10:21 AM
MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
more...
baburob2
10-07 08:11 PM
My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
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skd
07-11 12:16 AM
lets not over do it. There is a thin line between it being tolerated and backfiring
Yeh over doing it can back fire.I don't thing we should this for more than 12th July
Yeh over doing it can back fire.I don't thing we should this for more than 12th July
more...
bpratap
08-18 04:33 PM
I don't think Address change (AR 11) will invoke any RFE.
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
It will definitely get a LUD on the i-485, as its referring the address change to I-485
I have changed address twice in the last 2 years, filing AR-11 online. Its quite straight forward and simple.
Please don't be scared to move ur Apartments / home due to pending I-485
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greatguy
08-24 05:43 PM
#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
more...
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jscris
July 18th, 2004, 10:41 AM
Welcome, Brandon! As you can see already, you'll get a lot of help from the great group here.
Janet
Janet
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gcman2005
10-17 06:45 PM
My wifes AP also approved today. The case had a LUD on 15th but the case was not approved on that day. I had sent a fax to 402-219-6171 with my travel Itinerary on 16th and there was a LUD on 16th. And on 17 they approved the application.
I had a infopass appointment on 16th and the immigration officer gave me the fax number. He was telling me that another person had came to expedite the application and he got approval after sending the fax.
I had a infopass appointment on 16th and the immigration officer gave me the fax number. He was telling me that another person had came to expedite the application and he got approval after sending the fax.
more...
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paragpujara
10-26 11:30 AM
I am 2nd July filer and have received EAD on 09/06. But so far no updates on AP or FP. I guess there are lot many ppl in the same boat.
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venkat80
08-28 02:23 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
You are right I remember that he posted that he got his GC recently.
You are right I remember that he posted that he got his GC recently.
more...
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beautifulMind
08-02 06:07 PM
seems like too much trouble
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angelfire76
04-01 03:29 PM
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
I wonder which attorney sent this.
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
I wonder which attorney sent this.
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langagadu
11-11 12:16 PM
I will advice you but do you provide free catering for the next 5 years?
Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
myimmiv
12-17 04:24 PM
No.
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?
shana04
01-21 09:29 AM
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
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