kumarh1b
01-28 05:16 PM
Can some please advice me how to proceed further Please find the denial notice for your reference. All your inputs means a lot to me. Please help me and guide in proper direction.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
on Nov 19,2009, the petitioner responded by submitting a copy of a Contract or consulting Services agreement betwwen the petitioner and another software consulting firm, Company X-Which will further Contract the benificiary's services with other firms needing computer related positions to complete thier projects - to show that the petitioner has work for the beneficiary.
However, without valid contracts between CompanyX and the actual end-client firm ultimately involved with the eneficiary's computer related duties, the evidence does not establish the work to be completed; that the duties to be performed are those of a systems administrator and thus a specialty occupation Position and that the work will be avilable for the beneficiary.
The present record fails to demonstrate the specific duties the beneficiary would perform under contract for petitioners clients.The court in defensorv.meissner,201F.3d 384 (5th cir.2000) held that for purposes of determining whether apreferred positions is a specialty occupation,a petitioner acting ina similar manner as the present petitioner is merely a "token employer", while the entity for which the services are to be performed is the "more relevant employer". the defensor court recognized that evidence of the client companies job requirements is critical where the work to be performed is for an entity other than the petitioner. Accordingly, the court held that the legacy immigration and Naturalization service ( Service now CIS) had reasonably interpreted the Act and regulations to require that a petitioner produce evidence that the proffered position qualifies as a specialty occupation on the basis of the requirements imposed by the entities using the beneficiary's services.
As Such, the petitioner has not established that the duties of the proferred position for the beneficiary require a speciality occupation and that it has sufficient work for the required priod of intended employment. There for the beneficiary is ineligible for classificationas a specialty occupation worker.
Pursuant to INA 291, the burden of the proof in these proceedings rests solely with the petitioner. Here that burden has been met.
Consequently, the petiton is hereby denied.
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styrum
03-02 08:03 PM
I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.
rmutyala
07-14 07:39 PM
Houston
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fran5477
02-19 09:44 AM
Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.
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excogitator
11-23 03:34 AM
All the Best Everyone!!! :)
optimystic
03-20 01:46 PM
I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
Oh..that hurts. I assume you will have to invoke AC21. All the best to you.
90 more days? Which service center is your case located? I assume Texas? Did she explain whats the reason for the delay? Did she tell you about namecheck status? Are you planning on an Infopass? (sorry too many questions, but I think we are both on a similar boat )
Looks like our PDs are very close to each other. Lets hope for the best.
PD: July 2001 (EB-3 India)
RD: July 2nd 2007
ND: Oct 10th 2007
I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)
Oh..that hurts. I assume you will have to invoke AC21. All the best to you.
90 more days? Which service center is your case located? I assume Texas? Did she explain whats the reason for the delay? Did she tell you about namecheck status? Are you planning on an Infopass? (sorry too many questions, but I think we are both on a similar boat )
Looks like our PDs are very close to each other. Lets hope for the best.
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jonty_11
11-21 10:08 AM
Sent email to 60m
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Life2Live
01-23 10:56 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
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gcformeornot
01-16 07:49 PM
microsoft is laying off?
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Bolt
04-23 11:48 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
I got the good news to share every one. got the approval . its wonderful
Hi ,
congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.
Please do reply.
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desi3933
02-26 06:04 PM
Original LCA salary is like 58k and current one is 40k
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
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kpchal2
03-03 07:42 AM
Hello forum gurus
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.
Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.
What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.
Can some one share your thoughts.
thanks in advance
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purplehazea
06-11 04:31 PM
I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
:) Alright lets leave the prez alone :p . Just curious, do you think this can move through senate, house and conference committee by august? I am following this drama for 2 years and my conclusion is that legislative action takes a lot of time from initiation to completion. With presidential politics building up for next year's election it will be very challenging to pass any law with the limited time on hand.
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
:) Alright lets leave the prez alone :p . Just curious, do you think this can move through senate, house and conference committee by august? I am following this drama for 2 years and my conclusion is that legislative action takes a lot of time from initiation to completion. With presidential politics building up for next year's election it will be very challenging to pass any law with the limited time on hand.
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jambapamba
07-19 07:48 AM
NO
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.
2. Affidavits of support for employment based 485's are NOT REQUIRED at all.
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lynliu
02-25 10:39 PM
I live in South Florida
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honge_kamyaab
11-15 11:45 AM
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
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satyasaich
01-31 12:51 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
My suggestion would be to contact Murthy.com or Rajiv.s.Khanna to double check what i said
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
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mrsr
06-26 09:50 PM
how filed ,with the help of lawyer right?
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DallasBlue
07-13 09:50 PM
Special thanks and hats off to all who are participating in the rally !!
gccovet
09-24 04:15 PM
Any thoughts
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
cygent
02-24 01:08 AM
Some folks may have got away with it, the chance is low for an audit particularly if you earn <100k/yr. Do the research yourself independently. The conclusion will be that you CANNOT deduct these expenses. For TAX purposes Immigration has nothing to do with your work.
In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
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