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09-01 10:00 AM
Hunton Immigration and Nationality Law Blog Has Just Posted the Following:
The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.
Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.
Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)
The U.S. Department of State has confirmed that contractors on a pre-approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf)at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct. The audits are creating significant delays for petition-based visa applicants at embassies worldwide.
Auditors may make a "cold call" to the U.S. employer who filed the petition, asking about the company's activities, location, employees, shareholders, etc., and may also review the company's website or use Google Earth to confirm the existence of a facility in the location specified on the petition. Contractors may also ask employers about the beneficiaries of these petitions -- the foreign nationals whom the employer wishes to employ (or continue employing) in nonimmigrant status.
Following verification, the contractors will create new "base petitioner records" in the KCC's Petition Information Management Service (PIMS) database. Until KCC verifies the petitions and updates these records, no consular officer at a U.S. embassy abroad may issue a petition-based visa to an applicant. Consular officers are also instructed to question visa applicants further in order to determine if the beneficiary information in the updated PIMS record is correct and complete.
Any adverse information the KCC contractor learns during an audit call may lead to denial of a beneficiary's visa application, even based on a previously approved petition, and may also affect the approvability of future petitions. Therefore, a U.S. employer who receives such a call should contact immigration counsel prior to providing any information so that (a) the auditor's name and credentials can be compared against the approved list (http://www.huntonfiles.com/files/webupload/Immigration_DOS_KCC_Approved_Auditor_List_Aug_2010 .pdf); (b) counsel can be present on the call; (c) the employer can prepare adequately by reviewing the petition; and (d) the call can be documented appropriately.
http://feeds.feedburner.com/~r/HuntonImmigrationAndNationalityLawBlog/~4/hh_pmij8WeY
More... (http://feeds.lexblog.com/~r/HuntonImmigrationAndNationalityLawBlog/~3/hh_pmij8WeY/)
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rajasush7174
10-13 04:26 PM
hi..i too would like to join in.. i stay in souderton, pa.. please let me know the details.. thanks a ton..
cygent
02-01 04:53 PM
Hi Terpac,
Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?
Please consult your attorney, or also try www.thedegreepeople.com
Do post/update your situation here to help the rest of us.
Thank You!
Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
Which center filed NSC or TSC?
Please consult your attorney, or also try www.thedegreepeople.com
Do post/update your situation here to help the rest of us.
Thank You!
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CADude
07-27 01:16 PM
You are OK per Q25 of USCIS FAQ. Hope this help.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
more...
tanmoymuk
03-02 02:09 PM
I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
anai
06-14 09:46 AM
It is absolutely feasible to do this on your own. After all you are well educated by definition of your H1B visa. The only thing you need from your employer is the letter of employment and you will need a public notary to notarize the affidavit of support.
The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.
We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.
The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.
We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.
more...
testerzback
03-25 11:17 PM
Hi,
I know your time is very precious and not to waste.
My issue is - I came to US as a programmar/analyst in Aug' 2005 with my B.Commerce (3years) and Master of Computer Applications (completed my 3years masters by 2003) in India. My H1 company in March'2008 applied for PERM/I 140 through EB3 (as a professional) recently they came back to me that my I140 got denied because of educational evaluation comparison difference and need to reapply again through a new lawyer as EB3 - unskilled - system support engineer.
Is this really require to go through the new lawyer to restart the GC process? - and this costs me to lose my priority date - almost 2 years
If yes, how are the chances to get the perm/I140 if I reapply through the same H1 company ?
remember that I have to go for H1 extension by Aug'10 ( as I complete 5 years on my H1).
Kindly suggest.
--
Regards,
S
I know your time is very precious and not to waste.
My issue is - I came to US as a programmar/analyst in Aug' 2005 with my B.Commerce (3years) and Master of Computer Applications (completed my 3years masters by 2003) in India. My H1 company in March'2008 applied for PERM/I 140 through EB3 (as a professional) recently they came back to me that my I140 got denied because of educational evaluation comparison difference and need to reapply again through a new lawyer as EB3 - unskilled - system support engineer.
Is this really require to go through the new lawyer to restart the GC process? - and this costs me to lose my priority date - almost 2 years
If yes, how are the chances to get the perm/I140 if I reapply through the same H1 company ?
remember that I have to go for H1 extension by Aug'10 ( as I complete 5 years on my H1).
Kindly suggest.
--
Regards,
S
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BMS1
11-06 10:29 AM
You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.
more...
harrydr
04-30 12:51 AM
If i'm from Michigan, which processing center is handling my application for Green Card. Nebraska??????????????
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impala
09-18 01:18 PM
I have been working for that consulting firm for the last 4 years and they have been minting their part of the money..are they not satisfied with it???,,,this is crap friends,,,,
I trusted them and they betrayed me,,,,in the end it feels like it�s INTENTIONAL�.
Help me friends,,,
I trusted them and they betrayed me,,,,in the end it feels like it�s INTENTIONAL�.
Help me friends,,,
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mjdup
12-08 03:24 PM
There's more important issue going on - read the forum and call senator's first !!
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January 31st, 2005, 02:43 PM
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yabadaba
03-24 01:54 PM
Can anybody help me out with regards to what documents need to be sent to the canadian embassy in newyork for a TRV (visitiors visa)?
Any one with any insight on how long does it take to get it back?
Any one with any insight on how long does it take to get it back?
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IVFOREVER
02-14 09:49 AM
Tecnically you dont have any visa number available now.since you are transfering your priority date to eb2.until they make decission on your I-140 they will not process your 485.This is my opinion only.Talk to good lawyer take the second opnion onthis before you are out of time.never know what april 08 bulletin has in store for eb3.
more...
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martinvisalaw
03-22 07:09 PM
I just found out that my employer did not update the work location on my LCA. I have been working in new jersey for over 4 years now. I have my primary address as Indiana and my company is registered in Illinois. I got payroll on Illinois for 2 years and now NJ for 1 year. How can i correct this? Is it too bad a problem already?
I don't know what location was listed on the LCA, but since you moved before a new LCA was filed, the employer needs to file a H-1B amendment to correct the situation. If there was a new LCA filed before you moved, no H-1B amendment would have been needed.
I don't know what location was listed on the LCA, but since you moved before a new LCA was filed, the employer needs to file a H-1B amendment to correct the situation. If there was a new LCA filed before you moved, no H-1B amendment would have been needed.
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IV2007
12-07 10:52 AM
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
more...
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dollar500
01-03 11:29 PM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
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vkannan
08-07 04:05 PM
Hi
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
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ajju
07-25 04:51 PM
Agree with Jonty on checking at http://infopass.uscis.gov...
I needed to confirm my address change.. called uscis and I was told they can't see any personal info... basically read me my status on website and a long boring standard message.. saying you are within the normal processing dates and blah blah... Bottom line I was suggested to take infopass.. so I took.. Its my first infopass appt ever and it was very easy... shown me 2 dates avaialable for Aug (nothing in July).. So I pick one and then was asked to pick a time...
I selected as a follow up on pending case...
Hopefully they'll process my AOS before that :-)
EB2-I June 2004... PD current, RD current per both NSC/TSC...
Case filed at NSC and transferred to TSC (July 23, 2008)
Keeping my fingers crossed per 50-50 probability theory :-)
I needed to confirm my address change.. called uscis and I was told they can't see any personal info... basically read me my status on website and a long boring standard message.. saying you are within the normal processing dates and blah blah... Bottom line I was suggested to take infopass.. so I took.. Its my first infopass appt ever and it was very easy... shown me 2 dates avaialable for Aug (nothing in July).. So I pick one and then was asked to pick a time...
I selected as a follow up on pending case...
Hopefully they'll process my AOS before that :-)
EB2-I June 2004... PD current, RD current per both NSC/TSC...
Case filed at NSC and transferred to TSC (July 23, 2008)
Keeping my fingers crossed per 50-50 probability theory :-)
pappu
02-13 10:48 AM
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sw33t
07-31 10:26 PM
24 and counting.
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