Cataphract
05-25 09:25 AM
Sorry, I read the one in Washington post and I DONT think it is against us.
Did you think it was for us then?
Did you think it was for us then?
wallpaper Natalie Portman at the Palm
blogger
06-24 10:47 AM
Thanks janilsal.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).
I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".
I know of people who have done this in the past and have got GCs.
psaxena
06-25 01:31 PM
^^^
2011 Natalie Portman Engagement
sbmallik
04-03 04:46 PM
No, it's the usual 3 (or 6) months.
more...
gc28262
07-30 07:07 AM
Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."
The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.
We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.
Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).
Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:
"Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
and
"On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.
This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.
In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.
leo2606
01-10 05:09 PM
See my comments below.Answers are something I have used in my In Laws application.
While filling the application online for parents visa interview what would be a better answer for the following questions:
Who Will Pay For Your Trip?
Children(in US)
What would be a better answer?
Self.
OR
Children(in U.S)
Does it even matter?
Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
Bother/Sister etc.
Mention about the people(siblings of parents) that are here
Would it be better to say ?
No
OR
Mention about the people(siblings of parents) that are here
Was this Application Prepared by Another Person on Your Behalf? *
(If answer is YES, then have that person complete item 40.)
This question is about who completed the DS-156, if parents are educated just put 'NO'.That means they completed the DS-156 themself.Otherwise you can write whoever completed the DS-156
Should we say
Yes
OR
No (When actually Children are filling the application.)
Please Advice
Thank you.
While filling the application online for parents visa interview what would be a better answer for the following questions:
Who Will Pay For Your Trip?
Children(in US)
What would be a better answer?
Self.
OR
Children(in U.S)
Does it even matter?
Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
Bother/Sister etc.
Mention about the people(siblings of parents) that are here
Would it be better to say ?
No
OR
Mention about the people(siblings of parents) that are here
Was this Application Prepared by Another Person on Your Behalf? *
(If answer is YES, then have that person complete item 40.)
This question is about who completed the DS-156, if parents are educated just put 'NO'.That means they completed the DS-156 themself.Otherwise you can write whoever completed the DS-156
Should we say
Yes
OR
No (When actually Children are filling the application.)
Please Advice
Thank you.
more...
sr123
12-18 05:06 PM
I have got Jury summons many times. I just told them I am not eligible. Please note that you need to respond to the summon in time otherwise the court might inititiate action against you. The notice I got listed a few possible reasons why you cannot perform jury duty and not being a citizen was one of them. I selected it and enclosed a copy of my passport to indicate that I am not a US citizen.
2010 Which recently engaged or
mchundi
04-10 12:04 PM
For a change I was listening to Rush today. Interestingly he was very neutral about Bush's proposal. He thinks the new proposal is to the conservative's liking, but not sure how this will be implemented. Bush's push is our last hope this year. Nancy Pelosi does not want to take up any immigration bill that is not likely to pass(afraid of failure).
--MC
--MC
more...
garfield_x
03-05 01:53 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
hair Natalie Portman
engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
more...
GotGoose?
04-11 07:46 PM
Added 2 more stamps. (eye theme)
hot settings engagement rings
sunnymit
05-24 09:20 AM
Nobody wants to 'predict'? Or people are interested only in seeing the real data!
I guess everyone is just tired of making wrong guesses...
I guess everyone is just tired of making wrong guesses...
more...
house Natalie Portman Eco-Friendly Engagement Ring | Fashion Fame
wanaparthy
03-25 01:32 PM
-
tattoo Natalie Portman
black_logs
02-18 12:08 PM
Yes, most of the states are going to implement it. It is allready existing in P.A. and I know atleast 2 people who's friends picks/drops them to work. It's a shame, living in this country for 6 years and suddenly your DL is snatched away. Getting 3 years H1B extensions in all circumstances is on of our main agenda at iv.org please see our brochure in resources section. This will solve atleast some part of the problem.
more...
pictures natalie portman debuting
grupak
09-09 11:38 AM
Numbersusa claims it is being voted tomorrow. They are making calls against it.
Let us all call for it, and push the bill forward.
Pick up the phone. Will take just 20 mins of your time.
Let us all call for it, and push the bill forward.
Pick up the phone. Will take just 20 mins of your time.
dresses Check Out Natalie Portman#39;s
h1techSlave
07-10 10:26 AM
I'm not from India, can I come ???
:confused:
Actually coming to India on a work visa is relatively easy. If you are serious, you could apply for a job in many Indian IT companies or BPO companies. I have read many news articles that Indian companies want to hire non-Indians, so that they can respond to many cultures effectively.
As far as living conditions and such. If you can manage in Chicago/NY/DC area, you would not find it difficult to manage in Bombay/Bangalore/Delhi. Actually violent crimes in India is much lower than that of many areas in the US. You can send your kid to school in India and expect him/her NOT to get shot in school.
Cheers,
h1techSlave
:confused:
Actually coming to India on a work visa is relatively easy. If you are serious, you could apply for a job in many Indian IT companies or BPO companies. I have read many news articles that Indian companies want to hire non-Indians, so that they can respond to many cultures effectively.
As far as living conditions and such. If you can manage in Chicago/NY/DC area, you would not find it difficult to manage in Bombay/Bangalore/Delhi. Actually violent crimes in India is much lower than that of many areas in the US. You can send your kid to school in India and expect him/her NOT to get shot in school.
Cheers,
h1techSlave
more...
makeup Natalie Portman Shows Off Her
StarSun
02-07 09:44 AM
Members with questions, take this opportunity to clarify your doubts from these reputed lawyers.
girlfriend Natalie Portman Engaged And
for_gc
12-16 11:36 AM
Hi,
Does anyone know where we can get hold of the data for EB green cards dispersed for year 2006 by category ?
Regards.
Does anyone know where we can get hold of the data for EB green cards dispersed for year 2006 by category ?
Regards.
hairstyles Natalie Portman and Scarlett
phillyag
07-18 03:07 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
desi3933
06-25 07:24 AM
Got this from the Chennai US consulate website.
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.
B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.
>> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.
B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.
>> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
raysaikat
11-14 10:57 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
No comments:
Post a Comment