Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
USCIS recently updated the following form(s):
U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.
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Discussion Topics, Thursday, December 12, 2019
FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||
OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.
Number 37
Volume X
Washington, D.C
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
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· Generally someone with industry knowledge and/or software knowledge
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· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
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My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
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· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
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My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
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I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
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I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Back in June 2008, we, on behalf of clients and community, had sent a letter to USCIS pointing out their defective policy. After 8 months, they have finally (partly) corrected the problem. Read the letter and the details here:
http://forums.immigration.com/blog.php?b=15
The second memo from USCIS is attached.
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
For additional FAQs on PERM and Backlog, please see the links below:
Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."
Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.
[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11954-11956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr08-104]
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DEPARTMENT OF LABOR
Employment and Training Administration
Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice.
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H-1B NONIMMIGRANT PETITION FOR NURSES
A. GENERAL REQUIREMENTS
Qo. I plan to be on EAD after my 6th year of H1-B expires on September 23, 2008. If I decide to be back on H1-B then is there any time limit within we have to file for H1B extension after its expiration on September 23, 2008 while I am working on EAD?
Ans. Generally speaking there is no time limit as long as you are entitled to the extension.
Qo. For example, will we have to file within 6 months or 1 year after September 23, 2008 while I-185 is still pending?
Green Card for Physicians
Overview
Physicians seeking a permanent employment opportunity in the United States and employers seeking to sponsor a physician for lawful permanent residency based on permanent employment in the United States must go through a multi-step process:
Foreign nationals and employers must determine whether the foreign national is eligible for lawful permanent residency under one of several, acceptable paths to lawful permanent residency.
The April 2009 Visa Bulletin was issued on March 9th. The VB said the visa numbers for EB3 were unavailable with immediate effect (Philippines retrogressed to 2003).
This is highly unusual. The visa bulletin is a forecast for the month ahead and does not take effect immediately. But State Department says that this one was of immediate effect.
What does this mean?
Here is a question this morning from forclients.com, our clients' extranet.
Quote:
The nightmare has once again come true, eb3 would be unavailable until September 09, if I am not wrong?
With this in the background, I am thinking of giving up the hope of getting my green card soon (my pd may 04). If I go back to India, can my GC application still continue to be processed?
Correct. "Unavailable" means that it is the ESTIMATE of the State Department that visa numbers for India are exhausted for this fiscal year which ends on September 30. But the estimate may not always be accurate. DOS may go back and reopen this category if they need to (unlikely, but not impossible). Your green card can go on in your absence. That is no problem as long as we have answers to these questions: 1. Is the job really permanent? 2. Why is the employer accommodating you? 3. Who is performing the job in your absence?
Ever wondered to find an immigration attorney who not only takes interest in working with you saving your time but also knows the current immigration landscape. This is exactly how I feel about working with Rajiv and Diane they are masters in what they do they’re sincere well-versed with the current immigration landscape in the US. I could not thank them enough for the thorough analysis and guidance Through the EB1 one green card process. Also big kudos to Marty for all the work you do!! This is actually a dream team. God bless.