When does CIS investigate fraud?
The attached document explains the criteria.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:
The following pointers have emerged from recent cases and comments from USCIS:
1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.
2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.
3. Emphasize/document the "international" nature of your accomplishments.
What does the stimulus Bill (American Recovery and Reinvestment Act of 2009) say about H-1 hiring and about green cards?
There is a lot of confusion out there as is obvious from a gazillion emails I have received. So, I braved the lion’s den and tried to figure out this thing. Here is how I see it.
1. If an employer receives TARP funding they can hire NEW H-1B workers only if they comply with certain requirements. Note that existing H-1 workers are not affected. Note also that there is no effect on existing or future green card applications of such employers.
The category of Engineers includes several different types of engineers.
Congress passed the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) in order to provide:
The law office of Mr. Rajiv S. Khanna filed my and my wife's I-485 and I-140 cases con-currently on the February 19th 2008. We got approvals on the February 24th 2009 and received our Green Cards on the March 6th 2009. . We are amazed to get our cases approved within 1 year of filing. We received RFE for our cases on “Proof of birth and parentage and bona fide marriage”. Mr. Khanna's professional team responded and our cases got approved in less than 10 days of the response. I am greatly satisfied with the professionalism and the dedicated service of Mr. Khanna’s team through out the entire journey of the Green Card process. I would like to specially thank Mr. Rajiv S. Khanna, Mr. Mathew Chacko, Prerna Mehta, Bharathi Gajala, Amrita, Sheena and Kimberly for their dedicated help and support in the successful approvals of our I-485s, I-140 and PERM Labor Certificate. I will definitely consult the law office Rajiv S. Khanna in the future for all my immigration related legal needs. I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues and/or advice. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. Last but not the least; www.immigrationportal.com is a great source of very useful immigration related information that has been brought to all of us by Mr. Khanna’s law office. The forum maintained by his office is by far an active place for all sorts of valuable immigration and visa related discussions.
It was back in June 2005 we signed with Mr.Rajiv's firm regarding my employment based GC process. With the excellent process and support from Rajiv's office my PERM labor got approved in 4 months and then I-140 in 7 months and there was a RFE which Mr.Mathew helped my employer by contacting USCIS and effectively getting approval. With lot of inquiry made by Rajiv's office and continuous follow-up with USCIS my case and my wife's case got approved without any RFE.
I sincerely appreciate their help and patience shown during my GC process and highly recommend them for any immigration related process.
This is the how to page
On March 28, 2005, the Department of Labor (DOL) implemented the current process for submitting Labor Certifications - the Program Electronic Review Management (PERM). PERM replaced the previous paper system know as Reduction in Recruitment (RIR). This is the first step for many employment-based green card cases and is required for applicants under category employment-based preference 2 or employment-based preference 3 (EB2 and EB3).
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.
It tooks around 827 days.
Filed in TX and later moved to Ohio.
letter for interview was issued to me and my wife, but duing interview they asked kids to be present, So please make sure kids are with you. Asked for six fmily photos with kids and some school reports( Grades and mark or award) for the file - Please consider this to be with you, during interview.
Thanks...
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Here is my recent H1B stamping experience (early August, 2003) in U.S. consulate in Calgary, AB.
Our client retained us as legal counsel in order to compel the USCIS to grant an Employment-Based Adjustment of Status (AOS) Application. The Plaintiff's case had been on file with USCIS almost three years before he sought our assistance.
I was directed to the law offices of Mr. Khanna through one of my friends.
It took me exactly 18 months and 18 days to receive the green card since I first contacted Mr. Khanna.
His team, especially Ms. Diane Lombardo, is extremely helpful and efficient.
Going by the accounts of some of my friends, who wasted a lot of time, money and effort, either by trying to file the application themselves or by hiring inexperienced lawyers, I feel that contacting Mr. Khanna's office was one of the good decisions I made.
I would surely recommend the law offices of Mr. Khanna, for any immigration related matters.
I had somewhat complex case.
Firstly, My company lawyer made some blunder and on the top of that i physically relocated to different state during my pending I-140 case.
With these complexities, I came to Mr. Khanna for seeking help to resolve these issues.
I received complex queries by INS for my 140 and Mr. Khanna prepared a technically sound reply and send to INS, and with that, we got 140 approval notice next day without any further query.
We are really very thankful to Mr. Rajiv Khanna & Ms. Heather for their expertise & guidance.
Thanks
Harpal
Hi
I am really thankful to Mr. Rajiv Khanna and Ms. Judy Dumas who applied for my H1B Visa and I got my visa approved pretty soon without any query....
I really appreciate Your services...
Kind Regards
Harpal