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gettinggc's Immigration Cases

Buffet is a full time investor. I am H1B and investing in US stocks and 401K / IRA Mutual funds. Are we same?
Likewise, day trading is not equal to trader's job. Traders do require a license to perform their duty whereas you and me don't require any license to do day trading. Above all, day trading by anyone is not illegal. In fact H1B can do options trading too....It is not equal to the las vegas gambler job.

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It seems, USCIS is revising the I-129 form (H1B filing).

Attorney murthy thinks that the proposed revisions clearly relate to the ongoing enforcement efforts in connection with H1B employers.

http://www.murthy.com/news/n_cha129.html

- The new instructions require the original form and all supporting documents, as well as a complete copy of the entire packet.

- Employer should file a new I-129 form for new employment, continuation of previously approved employment without change with the same employer; change in previously approved employment, change of employer, and an amendment.

- Employer should file I-129 to amend the approved H-1B if there is a change in beneficiary job duties or a change in the geographic location of the job. LCA is also required.

- If the beneficiary is going to work at client's site, then it would be necessary to supply the name of the company where the beneficiary will work, the work address, and a contact person.

- The beneficiary needs to sign the H-1B application. The H1B worker will have to attest that s/he has accepted the terms of this job offer, including offsite placement and/or the possibility of relocation.

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If you are current, then contact USCIS, try to speak with an I/O and find out what is holding your application. Sometimes, opening a SR will have negative impact ie.) afterwards you will not be able to get any more information from the USCIS. They will simple say, the SR is opened and you will hear from us in 90 days.

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Good Analysis....

My 2 cents. The spill over is from (EB4 & EB5) -> EB1 -> EB2 -> EB3, so when every one talks about the spillover, esp the EB2 folks, they mean the spill over from EB1, which is sum of ALL EB4 + EB5 + EB1. EB1 at any point of time is not having lot many applications to consume all the visas(EB4 + EB5 + EB1).

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I wish that information about L1 deportation is not true, but USCIS can screw L1 beneficiaries too. It is true that big companies are violating the L1 rule.

I am working for one of the Blue Chip company and my company has contractors from many vendors. 25% of the workforce is from TCS India and all of them are working at the client's place in L1 visa. My cousin is working for IBM India, have come to US in L1 visa and working for a Bank at their site.

USCIS will definitely start asking questions about the work location to anyone who enters in non-immigrant work visa. All the beneficiaries should be careful when answering questions.

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Who is "we"? Only fake consultants from body shopping companies were crapping their pants when this memo came out.
For once, I support USCIS as they are doing something 100% right.

Everything has good and bad. If you are one of the a H1B beneficiary, working as a direct employee, that group also has good and fake employees with fake experience. Just because that group is capable of proving the employer-employee relationship, they are not (You are not) better than the genuine beneficiaries who are working for a body shopping company.

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When the memo came out, we were wishing for some sort of protest; no one questioned USCIS. Now, Murthy is atleast questioning USCIS and Every one, who wanted some help a while ago, is asking "Why she didn't do this and that. And we are all trying to portray her as if she is going to close down her business, because of the memo, so she is doing just to save her back.

Something is better than nothing folks...Atleast, USCIS would respond to her letter. Let's all wait for the response from USCIS.

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You better give a proof of address in India. In my case, i thought they would refer the existing passport and print the current India address but the Houston Indian Consulate idiots simply ignored that and printed my passport with my US Address. Now I can't use my new passport as a proof of my foriegn address.

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- Having 2 H1B transfers after your stamping in 2005 is not going to create any issue. As you are going for the stamping, make sure you have all the paperworks from your employer (and vendor, client, if you have employer-vendor-client or employer - client scenario).
- No.
- To apply for visa, now they have introduced new procedures. (one big change is, now you to submit the application with a digital picture before creating the appointment. Check it here. https://www.vfs-usa.co.in/USIndia/Index.html

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No...The quarters are defined as follow:

OCT, NOV, DEC - 1st

JAN, FEB, MAR - 2nd

APR, MAY, JUN - 3rd

JUL, AUG, SEP - 4th

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There are more in the list:

Check this out.

http://www.dol.gov/whd/immigration/H1BDe...

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Most of us are believing that degree and experience decide the employement category in the permanent resident process. It seems, the position the employer file LC for, decide if it is going to be EB2 or EB3.

Some of the key facts:

- Having enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed, is not going to allow you to convert to EB2.
- The EB category is set at the beginning, when the labor certification is prepared and filed.
- The requiements in the LC decide if it can be EB2 or EB3.
- If requirements are at the EB3 level, then the case is getting filed as an EB3, even if the beneficiary may have higher degree and and lot of work experience.

Check this out for detailed information:

http://www.murthy.com/news/n_eb3to2.html

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I crunched the numbers based on the supply[DOS] VS demand[USCIS]. The problem was with USCIS which was not using the visa because of backlog / name check pending and other reasons. For an example, USCIS could only ask for ~800 visas per month for India but it doesn't guarantee that it would use ALL 800 visas in that month. When we come to last quarter, DOS has lots of visa and USCIS wants to use the visa as much as it can.

Now things are changed. USCIS has revealed the backlog information. As per the recent TSC report more than 90% applications are pre-adjudicated and can be approved as soon as the visa is available, so wasting of visas in each month/quarter is not going to happen. DOS knows how many EB I/C applications are pending so it will not move the PD just like that (except the last quarter).

I hope/wish most of the EB2 backlog would be cleared this year end.

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Hope this helps you a little bit:

http://www.trackitt.com/usa-discussion-forums/i...

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Hmm....you are having apples and oranges.

Software Quality Assurance Engineers and Testers. VS Business Intelligence Analysts.

Sorry to say this.....I dont see any hope for you to use AC-21 unless you get representation from a talented attorney.

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Just find out if both codes are having anything in common. If there are some 'common' duties/responsibilities, then you can get the new offer letter with those duties defined for the ONET and use it in AC-21.

Most of the IT positions will have lot of things in common.

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I was in Credit Suisse, Singapore.

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In your labor certificate/application refer the ONET code. And use the link to find out the jobs and responsibilities for that code.

http://www.onetcodeconnector.org/

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As I have mentioned in many other threads, different company uses different name for the position. For an example, in Credit Suisse Investment Bank, there is a position called "Assistant Vice President", which is nothing but "Senior System Analyst", so "Designation' doesn't make any sense.

From your approved labor, find out your ONET code. If your new position has some of the responsibilities defined for the ONET code, then you are good to go with the AC-21.

Good Luck.
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Member Profile: gettinggc (1511 posts)