smsthss
11-16 09:49 AM
If anyone has more info on this, please respond. Thanks.
Blog Feeds
08-08 09:40 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsU-Y_S02vLKxopnffRI-yOafvsYEYgx55pA08vTLrOfsQ5TEJRaAEUrgqpOTQ59CzgcZReWRgQvtwpViEI_Bs3Opn5Mi5iY1MWVEDUoK77K9rnOvv5QwWQwl6L2HONIdO6ed-QKUzvWI/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsU-Y_S02vLKxopnffRI-yOafvsYEYgx55pA08vTLrOfsQ5TEJRaAEUrgqpOTQ59CzgcZReWRgQvtwpViEI_Bs3Opn5Mi5iY1MWVEDUoK77K9rnOvv5QwWQwl6L2HONIdO6ed-QKUzvWI/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)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsU-Y_S02vLKxopnffRI-yOafvsYEYgx55pA08vTLrOfsQ5TEJRaAEUrgqpOTQ59CzgcZReWRgQvtwpViEI_Bs3Opn5Mi5iY1MWVEDUoK77K9rnOvv5QwWQwl6L2HONIdO6ed-QKUzvWI/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsU-Y_S02vLKxopnffRI-yOafvsYEYgx55pA08vTLrOfsQ5TEJRaAEUrgqpOTQ59CzgcZReWRgQvtwpViEI_Bs3Opn5Mi5iY1MWVEDUoK77K9rnOvv5QwWQwl6L2HONIdO6ed-QKUzvWI/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)
pitha
11-19 01:47 PM
This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.
sayantan76
07-05 08:36 PM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....
I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....
I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........
more...
uslegals
08-20 04:12 PM
Can somebody please reply..? Your advice will be priceless for me at this stage..! Thank you!
chanduv23
10-13 01:00 PM
Mark is from LI. I wonder why he does not show up any more. Has he quit IV?
He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D
Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.
He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D
Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.
more...
mchundi
09-11 12:40 PM
Hi,
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
Our applications (myself and my wife) reached USCIS NSC on July 2nd. On 09/08/2007, we both received EAD's and today (09/10/2007), we received Notice from CSC that our cases are being transferred to NSC as our cases fall under NSC's jurisdiction. My I-140 was approved by NSC in Feb 2007.
Also, our cases were received on July 2nd @ NSC and the RD on Transfer Notice I received today have RD of 08/28/2007.
Anybody in same situation...I am confused here....don't know how cases are being transfered from Center to Center and why RD is not July 2nd.
Comments ???
Cooldude
No wonder NSC claims that it has completed data entry for most of july. My case was mailed to NSC on july 2. I did not receive anything so far. My I140 was approved by CSC though, so my lawyer thinks my case may have been transferred to CSC, but my new I140(acquisition) is at NSC. hopefully i will hear from them soon.
PD_Dec2002
07-10 12:15 PM
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
more...
JA1HIND
01-24 01:44 PM
Yeh you guys are right, almost everyone is doing it. Don't know whats up with her.....
If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)
not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!
If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)
not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!
dannyvn
06-27 12:21 PM
sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?
more...
ajm
03-24 10:49 AM
Don't the per-country limits apply to the total number of immigrants (all categories of family and employment preferences) from a country? If so, it is incorrect to say that there will be only 4350 visas (10% of 15% of 290,000) available in each EB category for any one country. The correct reading, in my opinion, is that no country can get more than 77,000 immigrant visas (10% of 480,000+290,000) in any year.
Ramba
07-29 12:55 PM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
more...
upuaut8
01-30 11:38 PM
It's not the "swf" we're concerned with, it's the "fla", and it doesn't just do it with imported Swift3D stuff, but with jpg's and movie's and other imported media.
Try this experiment.
Open a blank Flash project. Save it as an FLA file, and note the file size.
Import a large jpg, then delete it from the stage, and from the library.
Save it again and compare file size again.
Try this experiment.
Open a blank Flash project. Save it as an FLA file, and note the file size.
Import a large jpg, then delete it from the stage, and from the library.
Save it again and compare file size again.
SertTurk
07-19 09:39 AM
Did not recieve any cards,what is that?
more...
krishmunn
04-25 04:22 PM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
LC2002
04-14 11:08 AM
COngratulations on finishing the long journey !! Keep visiting IV :)
Thanks, sure. Can't resist to come back as it has become old habit and old habits die hard!!
Thanks, sure. Can't resist to come back as it has become old habit and old habits die hard!!
more...
whoever
07-20 01:59 PM
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
sundarpn
04-30 07:05 PM
You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
ChainReaction
02-02 01:50 PM
You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
You also have to apply for Photo GC which will only be mailed in Canada and someone have to fed ex it to U in US else you will have problem getting back to Canada in future.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
You also have to apply for Photo GC which will only be mailed in Canada and someone have to fed ex it to U in US else you will have problem getting back to Canada in future.
eilsoe
10-08 01:34 PM
seriously! I worked for half an hour on some orange, greyish and black stuff...
And CRAP!! man it sucked big time... didn't even wanna save it...
I can't concentrate today... (grrr)... :(
And CRAP!! man it sucked big time... didn't even wanna save it...
I can't concentrate today... (grrr)... :(
cchaitu
11-06 02:59 PM
All Guru's
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
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