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unitednations
07-10 01:42 PM
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.
Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.
This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.
Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
No; you don't have to have a valid visa in your passport to file the 485. You are just supposed to be in non immigrant status (ie., f1, f2, h1, h4, etc.). Your I-94 card if expired; should not have expired more then six months prior to filing 485.
Auto revalidation is one of the neatest little escapes to gettting back into proper status. Essentially; when entering into usa; one needs a valid visa to enter. However; auto revalidation is when a person goes to Canada or Mexico; stays less then 30 days; doesn't try to visit another country; doesn't attempt to go for visa stamping; has a valid/unexpired I-94 card (this also means unexpired I-94 card on a notice of action) then you can re-enter usa without a valid and unexpired visa.
This concept is actually very difficult for people to believe that if their visa is expired but they have a valid i-94 card that they can go to canada and re-enter usa without a visa. since you are resetting your date of last entry by going out and coming back in then it helps greatly in using 245k since you have reset the date of your last entry into usa.
Without auto revalidation; if you wanted to go out and come back in and take advantage of 245k then you would have to go for visa stamping in order to be allowed back in. However; consulate can check back to your earliest entry into usa and ask for paystubs/w2's as far back as they want (sometiemes they will ask you for all the way back). If they don't like what they see then they may not approve the visa and you are stuck.
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xyzgc
12-22 01:53 AM
It is one of the obvious facts that D-Company has financed and supported(ing) lot of terror activities in India. I'm not able to understand why the Indian government is not taking steps to crackdown their illegal empire in Bombay. If the funding is stopped there will be a huge decrease in terrorist activities.
Yes, India may not be able to go to war and catch Dawood in Pakistan but they can definitely start taking action against all the business and people supporting Dawood in Mumbai. I was surprised why nobody has talked or taken any action about this. Up to the time government start taking some sincere actions Indian people have to suffer like this.
Agreed, lot of issues are internal. There are internal enemies and external.
The govt is corrupt. What else can we say? Most of the elections are run on illegal money.
Believe me, friend, there is going to be another attack, in some other city probably, and strong-minded indian citizens are going to ignore it like its another mosquito bite.
If your parliament can be attacked and you can ignore it, you can perhaps survive anything.
Yes, India may not be able to go to war and catch Dawood in Pakistan but they can definitely start taking action against all the business and people supporting Dawood in Mumbai. I was surprised why nobody has talked or taken any action about this. Up to the time government start taking some sincere actions Indian people have to suffer like this.
Agreed, lot of issues are internal. There are internal enemies and external.
The govt is corrupt. What else can we say? Most of the elections are run on illegal money.
Believe me, friend, there is going to be another attack, in some other city probably, and strong-minded indian citizens are going to ignore it like its another mosquito bite.
If your parliament can be attacked and you can ignore it, you can perhaps survive anything.
sk2006
06-05 02:48 PM
This is a very healthy discussion!!.
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
Partially true.
In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.
The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..
It was Demand and Supply of Easy Credit.
Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!
So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com
My two cents.
Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
As far as real estate investment is concerned.. It is
LOCATION LOCATION LOCATION..
Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!
Partially true.
In good locations prices are falling slowly but that does not mean they can't fall as much as they have fallen in other areas.
The primary reason for the big boom in housing was not Rising incomes or rising affordability. It was not even Demand and Supply of Real Estate like may Real estate agents would tell you..
It was Demand and Supply of Easy Credit.
Days are easy credit are gone and we would not see it again atleast not for many many years to come. With Real wages falling and unemployment rising there is no way housing prices will rise any time soon. First they have to stop falling!
So buy a house if rent and mortgage(+tax+maintenace) are comparable and you plan to stay in the area for long time. And for next many years don't look at the value of your house on zillow.com
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chanduv23
03-24 04:30 PM
You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.
Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.
If anyone is really having issues - you may back up my post.
Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.
If anyone is really having issues - you may back up my post.
more...
satishku_2000
05-16 05:12 PM
Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.
In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.
What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?
In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.
What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?
pasupuleti
06-21 06:50 PM
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2006/06/21/EDGDOILMUV1.DTL
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ImmInd
08-05 10:59 AM
My Friend 'Rolling_Flood':
Please remember that EB2 is better than EB3. As someone mentioned, people always want to move up in all activities (work, life, anything).
And, please remember what will happen if you (iff you are in EB2 now) fall down due to some issues in EB2 case documents or filing, etc ? You may start with EB3 again and we will not tell you at that time saying ' you are EB3 guy and low skilled category'. We still feel bad for you.
I have Masters, more then 5 yrs exp (at that time of filing) and EB2 Title - but, my employer has some restrictions which limits them to not file in EB2. I ended up in EB3 :)
I do not intend to attack - but, we are trying to just explain... Again, I am not affended !!! Please read and think before you post something like this...
Please remember that EB2 is better than EB3. As someone mentioned, people always want to move up in all activities (work, life, anything).
And, please remember what will happen if you (iff you are in EB2 now) fall down due to some issues in EB2 case documents or filing, etc ? You may start with EB3 again and we will not tell you at that time saying ' you are EB3 guy and low skilled category'. We still feel bad for you.
I have Masters, more then 5 yrs exp (at that time of filing) and EB2 Title - but, my employer has some restrictions which limits them to not file in EB2. I ended up in EB3 :)
I do not intend to attack - but, we are trying to just explain... Again, I am not affended !!! Please read and think before you post something like this...
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vivekm1309
12-31 11:03 AM
IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.
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pd_recapturing
04-15 02:39 PM
Mariner555 is right. When I was buying a house, my friend also bought a house at the same time. he bought a big brand new single family and I bought a smaller old townhouse (2004 built). His house did cost hom around 200k more than mine. Now, after 5 months, when I asked him, how is life, he lamented that whole of his income goes towards the mortgage and nothing left for other activities. In my opinion, one shud buy house when he/she can save enough to enjoy other aspects of life after paying the mortgage. I have seen ppl cursing their decision to buy house because of the mortgage. I do not think that its anything to do with housing market.
And finally believe me, living in your own house is a great feeling so go for it...:)
And finally believe me, living in your own house is a great feeling so go for it...:)
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gapala
12-24 08:54 AM
Well said Sanju.
These are those age old arguments that they lay down to justify evil acts. its rediculous
These are those age old arguments that they lay down to justify evil acts. its rediculous
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inspectorfox
03-23 03:23 AM
Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.
I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -
1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
2) Rent the house (I don't think this should be a problem... LOCATION is the key)
3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)
Does anyone have a better backup plan? Please share here :)
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americandesi
04-15 06:37 PM
3. Will the stress level increase after buying the house (again worried for making payments, losing jobs). Is it worth it.
It's definetly not worth it. Here's an artice on one such riches to rags story.
http://www.cnn.com/2008/LIVING/personal/03/27/foodbank.family/
As per the article "She has had to take extreme measures to pay for her interest-only mortgage of $2,500 a month"
It's definetly not worth it. Here's an artice on one such riches to rags story.
http://www.cnn.com/2008/LIVING/personal/03/27/foodbank.family/
As per the article "She has had to take extreme measures to pay for her interest-only mortgage of $2,500 a month"
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anurakt
12-26 07:21 PM
when was this news ??
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Arjun
07-14 08:49 PM
If this is the case.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.
EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.
When there are more numbers in the pool it helps one way or the other.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
No budy, it is not only EB2 India, it is China too. So it is EB2 getting visa numbers that are not used by EB2 ROW and EB1-ALL.
EB3 is not getting any spilled over numbers and won't happen until EB 3 ROW is current or EB2 becomes current. Long way to go when that happens.
When there are more numbers in the pool it helps one way or the other.
more...
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dealsnet
01-08 12:18 PM
You are furious about Mumbai tread?. Mumbai is heart of every Indian. Kashmir is our head. We cannot sit idle and tolerate our heart bleed.
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....
I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
If it makes you furious , so does it to us.
How do you justify your anger and hatred towards one community.
I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.
people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..
I am out of this discussion , out of immigarionvoice...
Peace Amen !!!!!
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
You are best example of hypocrites and double standard:cool:. You will be very successful in your life, take my words.....
I read your all post, the above post just makes me confused. How could you just bash one community , their beliefs ,make fun of their Prophet Mohammed (peace be upon him and all the prophets ), his teaching , saying the that Mohamed has fooled his followers , let him , we want to be fools what can you do about it? and then later come up with such a statement.
If it makes you furious , so does it to us.
How do you justify your anger and hatred towards one community.
I used to be very involved in all the immigrationvoice.org matters. When I was in a small town in Florida( moved to another city), there were lot of Indians unaware of immigrationvoice.org and immigration issues. I did lot of efforts to educate them and made them aware of this site and its efforts. My wallet and heart was always open for immigrationvoice.org . But after Mumbai attacks and this link, I can see the hatred towards my community.
people have justified the killing of small kids saying that let them die today anyhow they are going to be terrorist in future. Pathetic, sad to hear this from so called highly educated people..
I am out of this discussion , out of immigarionvoice...
Peace Amen !!!!!
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walking_dude
09-29 03:47 PM
Please read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.
And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?
I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.
I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?
I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.
I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
more...
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gcdreamer05
03-23 02:02 PM
my only problem is Work contracts.
How am I supposed to get contracts of all clients.
My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:
hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?
How am I supposed to get contracts of all clients.
My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:
hey buddy are they digging your case just because you worked for the top 5 indian IT and does it start with a "S*****" , just wondering are they digging up all those who worked for them?
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delax
07-13 07:56 PM
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
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Refugee_New
01-07 04:09 PM
I tried to stay out of this as much as I could. Can't tolerate anymore. Why the hell Narendra Modi is considered as terrorist?
I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!
Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".
Didn't the truth finding commission found the real culprits in Sabarmati issue?
I am not saying every muslim is bad. As I mentioned earlier, few of my best friends are muslims. But why the hell each and every muslim remained silent when people in Sabarmati Express were burnt alive? Hypocrates!
Because he committed Gujarat Genocide. My response was to the one who mentioned "All terrorirst are muslims".
Didn't the truth finding commission found the real culprits in Sabarmati issue?
rvr_jcop
03-26 08:37 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
unitednations
03-25 12:41 PM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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