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    • By Sheila Danzig in H1B RFEs
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      USCIS and employers have a different idea of what qualified an H-1B employee for their specialty occupation.  It is commonplace for employers to hire a candidate with a degree in a field related to the position, given they have proper work experience to master the specialized skills and knowledge necessary to perform it.
      It has been years since USCIS has regularly approved H-1B cases in which a beneficiary has the required US Bachelor’s degree in a field RELATED to the specialty occupation.  USCIS will not outright approve an H-1B visa unless the beneficiary has a degree in the exact specialization of the occupation, or a detailed credential evaluation that explains how their educational and field experience background makes the equivalent of the correct degree specialization.
      Every year, we have clients come to us in this situation.  The way we overturn these RFEs is to write a detailed evaluation that analyzes the course content of the degree earned to highlight college credit hours earned in the exact field of the H-1B job.  Then, we take progressive work experience into account to bridge the gap between the beneficiary’s education specialization and the field of the H-1B job.  Three years of progressive work experience in the field of the H-1B job in which the beneficiary can prove they took on progressively more responsibility and the nature of their duties and tasks became increasingly complex and specialized can be converted into one year of college credit in the field of the H-1B job.  This conversion must be written by a professor with the authority to grant college credit for work experience.
      At TheDegreePeople.com, we work with professors in all fields to write the work experience conversion for the credential evaluation you or your employee or client needs to get that RFE overturned.  There are no cookie cutter solutions to H-1B RFEs because every case is different.  Every job is different, and every educational pathway is different, especially when it comes to highly skilled individuals.  All evaluations are uniquely researched and written with regards to your, or your employee or client’s education, job, work experience, and visa. 
      For a free review of your case visit ccifree.com.  We will get back to you in 48 hours or less.
       
    • By Sheila Danzig in H1B RFEs
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      Last year we had countless clients come to us with specialty occupation RFEs.  Some of them came to us with RFEs that they had tried to get overturned with an expert opinion letter, and failed.
      One such client came to us with a specialty occupation RFE for computer programmer.  He had submitted an expert opinion letter with the petition, anticipating issues arising.  However, the expert opinion letter he included in his petition was from the WRONG expert.
      USCIS only acknowledges expert opinion letters written by experts that have extensive experience WORKING IN their field of expertise.  Simply being a professor or instructor in the field does not cut it, they need to have a wealth of field experience of their own for their opinion to have the weight it takes to sway USCIS.
      At TheDegreePeople.com, we only work with experts with extensive field experience.  While many of our experts are instructors, they also either work now, or have very recently worked directly in the field.  When we send USCIS expert opinion letters, RFEs get overturned virtually every time. 
      Of course, the expert opinion letter is only as good as the information provided.  The more details you can give our experts the more credible and convincing their letter will be. 
      If you, or if your employee or client received an H-1B RFE for specialty occupation, talk to us.  Be sure to have detailed documentation of the duties and responsibilities of the position, the ad for the job as well as ads for the same position in different companies within the field, and proof of past hiring practices to prove that an advanced degree is the norm for minimum required education for entry into the position.  We will advise you on anything else you may need for your, or your employee or client’s specific circumstance.
      For a free review of your case visit ccifree.com/.  We will get back to you in 48 hours or less.
       
    • By Hire IT People, Inc in Immigration News
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      New Zealand Nationals Eligible for E-1 and E-2 Nonimmigrant Classifications
      Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226. Beginning June 10, eligible New Zealand nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-1 or E-2 classification, or a qualifying employer can file Form I-129 on their behalf. Spouses and unmarried children under 21 years of age of E-1 and E-2 nonimmigrants, and employees who are already in the United States, may also seek to change status to E-1 or E-2 classification as dependents by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
      Any Form I-129 and Form I-539 for a New Zealand national requesting a change of status to E-1 or E-2 classification filed prior to June 10, 2019, will be rejected, but may be refiled, together with the required fee, on or after June 10.
      The E-1 and E-2 nonimmigrant classifications are open to citizens of countries with which the United States has a treaty of commerce and navigation or similar agreement, and in certain other cases, such as here, where Congress has enacted legislation. E-1 status allows citizens of certain countries to be admitted to the United States solely to engage in international trade on their own behalf. E-1 status is also available to certain employees of such traders or qualifying organizations. E-2 status allows citizens of certain countries to be admitted to the United States when they are investing substantial capital in a U.S. business. E-2 status is also available to certain employees of such investors or qualifying organizations.
      For more on the E-1 and E-2 classifications, see our E-1 Treaty Traders page and E-2 Treaty Investors page.
    • By US Visa Stamping in Mexico in Visa Stamping
         0
      This info is gathered from several folks whom been to Nogales Mexico, who got successful H1B -H4-E3 US Visa Renewal stamping-Interview in Nogales, Mexico — Updated on Jun  9th 2019
       
      US Visa Renewal Stamping Interview in Nogales, Mexico — H1B H4 E3 L1A L1B L2 Latest Visa Interview Questions — Experiences — Process — US Visa Application Fee Payment — Nogales, Sonora — Mexico
      Join below facebook support group to see previous H1B, H4, E3, L1A, L1B visa interview questions, Latest 221g, Visa Approvals, Denials information etc.,
      https://www.facebook.com/groups/visarenewalstampinginmexico/
      Listed down as Questions & Answers session
      1)How can i pay US Visa Application fee & Book Visa dates to attend visa interview in Nogales ?
      Below link explains complete process about How to book US Visa dates & also helpful for “US Visa Application MRV CSRA Fee payment in Nogales”location
      US Visa Interview Dates Booking Steps | Process
      We provide Visa fee payment help for any location in Mexico, Accommodation & transportation in Matamoros, Mexico. We…usvisastampinginmexico.com
      2) What is ASC ( where Fingerprints /Biometrics are taken) address ?
      VisasNET CAS (ASC)
      Centro Corporativo Norte, Reforma, Local 5, 2do. Piso, Col del Rosario, 84020 Nogales, Son., Mexico
      +52 631 316 0365
      VisasNET CAS (ASC)
      ★★★★☆ · Passport office · Centro Corporativo Norte, Reforma, Local 5, 2do. Pisogoo.gl
      Consular (Visa Interview location) Addresss :
      NOTE : This is where you go in-person to pickup passport after the Visa interview on same day afternoon or next day. Though you select DHL location, that won’t be used.
      Consular Address
      Calle San José s/n 
      Fraccionamiento Los Álamos 
      Nogales, 84065 
      Mexico
      ASC Address that you see while selecting visa dates (After your visa fee payment)
      ASC Address
      Centro Corporativo Norte 
       Calle reforma Esquina con Periferico 
      Luis Donaldo Colosio Murrieta 
      Nogales, Sonora, 84000 
      Mexico
      3) Do i need to exchange Dollars into Pesos before going to Mexico ?
      Don’t worry on Mexican currency, $$ are acceptable in most border towns. If you want, You can easily exchange for some Mexican currency in exchange counters right after border crossing / No need to get Mexican currency. It can easily managed with US dollars, CAB drivers might ask you 60 pesos or $5 (5 Dollars — One way)
      4) Is it easy to get cab from nogales border to us consulate in nogales or any other options ?
      Yes it is very easy to get cab from border to hotels in Nogales, Mexico & US Consulates.
      5) Where can i stay (Hotels) ?
      You can stay at Marriott hotel just across the street from Consulate https://www.marriott.com/hotels/travel/nogfi-fairfield-inn-and-suites-nogales/?scid=bb1a189a-fec3-4d19-a255-54ba596febe2
      or FairFiled Inn
      6) Any other suggestions ?
      Make sure to have employment verification document and client verification documents like contract agreement etc., If you are a contractor.
      #Nogales #Mexico #Latest H1B H4 E3 L1A L1B L2 US Visa Interviews #Sonora #US Visa Application Fee Payment in Nogales #Services
      7) Need some more information / how can i meet any other folks planning to go to Nogales, Mexico for US Visa Interview ?
      Check this link, it might help
      US H1B Visa Stamping in Matamoros Mexico | US Visa Application MRV Fee Payment in Mexico
      If you need Complete guidance for US H1B Visa Stamping in Matamoros Mexico we provide Visa fee payment help even if you…usvisastampinginmexico.com
      Join below facebook support group to see previous H1B, H4, E3, L1A, L1B visa interview questions, Latest 221g, Visa Approvals, Denials information etc.,
      https://www.facebook.com/groups/visarenewalstampinginmexico/
      **************** FROM ANOTHER FAMILY **************
      Attended Visa Interview on April 29th updates :
      Hi Guys,
      Here is my experience in Nogales. 
      Interview is at 08:15 AM.
      I arrived at 8 AM.
      After the security checks been to the consular.
      First they sent me to Consular 1:
      She asked me below questions:
      (Took my passport and i797)
      VO1: Are you here for H1B Renewal or fresh one?
      Me: Renewal
      VO1: Is your wife here for the appointment?
      Me: No
      (Verified something in her system. Asked me to reach out to a guys who directs the candidates to the VOs to get assigned to the right VO)
      Been to VO2
      Took my i797 and passports
      VO2: Are you working with your employer XXX?
      ME: Yes
      VO2: Since when are you working with the current employer?
      Me: Since Jan 2018
      VO2: Our records indicate that your wife didn’t appear for the interview. May I know why didn’t you schedule for your wife too.
      Me: Initially we have a travel plan for her and to attend the interview. But later due to some medical issues doctors advise her not to travel. 
      VO2: what’s the reason for you to come to Mexico to attend the interview?
      Me: As I said before We have a travel plan. As a process I scheduled interview. But later due to her medical reason our trip was cancelled. However, I have scheduled the interview and attended this. 
      VO2: your stamped visa on the passport was till 2016. So you are in the USA since then. (Looking into old passport)
      Me: I had visa till Dec 2017. I believe you are looking into the old passport. Can you verify on the new one. 
      VO2: yes I see that. But you have approved till 2017 current petition says from Feb 2018. Do you have your previous approved petition.
      Me: yes. (Provided the same)
      VO2: this is approved from Feb 2018 - Feb 2019. How did you stay between Dec 2017 and Feb 2018
      Me: I have worked on a receipt and I switched company on the receipt while I am working with previous employer. 
      VO2: while you attend for the finger prints did they gave you this kind of booklet?
      Me: Yes, They gave me one. 
      VO2: Are you in the US since 20…… (expecting answers from me)
      Me: Yes, 2014 March.
      VO2: did you employer filed green card for you.
      Me: Yes.
      VO2: Do you have any copy for that:
      Me: Provided her my approved i140 copy
      VO2: do you have your resume with you?
      Me: I need to check Among the bunch of documents. (Meanwhile she asked me next questions)
      VO2: are you working in <My employer location>??
      Me: Thats my employers address. I work at my client location and told her my client address.
      VO2: who is your client?
      Me: I gave the client information.
      VO2: what is your current role
      Me: Software engineer
      VO2: (giving me a piece of card which is used to collect for passport from the consulate) you need to keep this with you for your passport collection
      Me: thank you.
      VO2: I think we are done now. You may come back at 4 PM today to collect your passport.
      Me: Is it approved?
      VO2: We need to verify your documents accordingly and need to provide you the visa. If we need additional documentation I will tell you at 4 PM If required. 
      Me: Do you need my client letter by any chance?
      VO2: oh! You have it. That would be great. Please give me. 
      Me: (provided her the letter)
      When I am at the consulate it was in pending status. But not 221G.
      Lastly around 3 PM I see that case is shown as issued.
      Relaxed!
      **************** FROM ANOTHER FAMILY **************
      H1B and H4 visa interview: April 17th 2019
      Okay so here’s an update: 
      Visa approved. Asked to pick passport at 4 pm. The VO Asked me following questions:
      1. Is it a new visa or renewal visa
      2. Are you both married? For how long?
      3. Will you be working for same employer? (7 years for me)
      4. Who is your employer?
      5. What degree do you have? Is it from India? Do you have a masters?
      6. What is job title
      7. What is your salary?
      8. Where do you stay is US? Do you like it there?
      These are more questions than I have ever been asked on a H1b interview in India.
      Question to My wife: 
      1. what is your name?
      No documents checked.
      Good luck to everyone planning!
      H1B and H4 visa interview: April 11th 2019
      Interview questions for my appointment on 04/04
      ***All questions will be based on your DS160***
      Asked for i797
      Asked if it’s first time or renewal h1b
      Any issues you faced with Law enforcement ?
      Asked when was your first h1b approved
      Still working with Previous employer?
      When did you change your employer?
      Applying for same visa class and with same employer?
      Read employers office address and asked what address is this?
      Who is your Client?
      Where do you work - client or at employer’s place
      Job role
      Job duties
      Highest degree
      Is it 4 yr degree
      You are touching 6 yr mark of h1b .. did you employer file green card?
      Asked for i140
      Asked employment letter
      —H4—-
      Are you both married
      Any issues you faced with Law enforcement ?
      Marriage certificate 
      Are you on H1B previously?
      Your application shows you worked in US. How come?
      Are you still working?
      H1B Visa Interview Questions Nogales Mexico : April 18th 2018 :
      Just now finished with visa interview at 9 AM and the visa is approved. Important note: if you are nearing your 6 years on H1b then make sure you take copy of I 140 approved notice with you. She asked me about it.
      Questions asked:
      What is your job role
      Who is your employer
      Who is your client
      What is the job duties (client work focus)
      I said our company is searly warning and it is a security related and bank to bank money transfers.
      Then she asked is it related to ammunition etc (she thought real security company). Then I clarified it is a Info sec company. Then she satisfied.
      Q: what is your pay per W2
      How long been in USA
      How long you are on H1B visa.
      Is your green card applied. (Show your I 140)
      Do you have any kids (went with my wife H4)
      To my wife ( do you work, what is your company, what do you do)
      Did you go out of country (I said India, Hong Kong in transit and now Mexico)
      Successful US — H1B — Visa Stamping in Nogales Mexico — 2019 — Latest Updates — Information — Interview Questions
      Join below facebook support group to see previous H1B, H4, E3, L1A, L1B visa interview questions, Latest 221g, Visa Approvals, Denials information etc.,
      https://www.facebook.com/groups/visarenewalstampinginmexico/
      H1B Visa Interview Questions Nogales Mexico : Jan 10th 2019
      Me and my friend had interview today and got the Visa approved.
      My Status: EVVC, H1 extension, Previous stamp expired, Previous stamping — First time H1 in Jamaica, Single.
      Friend’s status: EVC, H1 extension, Previous stamp expired, Previous stamping — First time H1 in Canada, Single.
      Few key points.
      If you have clear answer to these, make your trip here.
      2. The above point may be an advantage in one way and drawback in other.
      3. Drawback because, if you confuse them further, they’re going to put you on hold.
      4. DS-160 must be 100% right, else don’t risk coming here. If things do not match they might hold you longer and as i said they don’t know all the specifics.
      Since they’re considerate now, they’re still willing to work with you during the hold time. So please make it easy on them.
      5. Make sure you have all pages and all forms through the history.
      6. FTE, EVC, EVVC does not matter here. Your answers with DS-160 is tested.
       
      #Nogales #Mexico #Latest H1B H4 E3 L1A L1B L2 US Visa Interviews #Sonora #US Visa Application Fee Payment in Nogales #Services
      Successful US — H1B — Visa Stamping in Nogales Mexico — 2019 — Latest Updates — Information — Interview Questions
      ·         Travel
      ·         Nogales
      ·         Us Visa
      ·         Mexico
      ·         H1b Stamping Nogales
       
    • By Hire IT People, Inc in Visa Stamping
         0
      The following Questions are being asked by the U.S Consulate in Matamoros, Mexico  to email a response.
      For June 4th 2019 : Visa Applicants :  Few candidates are asked to respond below questions to answer by Email The applicant’s travel history over the last 15 years, including source of funding for travel. The names and dates of birth of any siblings; children; current and former spouses/civil or domestic partners. The applicant’s addresses during the last 15 years, if different from the applicant’s current address. Applicant’s phone numbers and email addresses used during the last five years. Applicant’s prior passport numbers and country of issuance. Applicant’s prior occupation(s) and employers (plus a brief description if applicable) looking back 15 years. Public-facing social media platforms and identifiers/handles used during the last five years.  This includes any websites or applications the applicant has used to create or share content (photos, videos, status updates, etc.) as part of a public profile.
    • By Hire IT People, Inc in H4/EADs
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      Many of our Members have reported that they have attended H4 Bio-Metrics at a different USCIS Application Support Centers including attending early or late, opposed to the original scheduled date/time and the location. They have not had any issues, and the staff was very accommodating.  Locate a service center https://egov.uscis.gov/office-locator/
      As long as the ASC is not overloaded with scheduled appointments, ASCs are accommodating such requests. If you have filed H1B In premium processing along with H4/H4-EAD, go to the nearest ASC as early as possible and give it a try. Again, it all depends on the ASC service center and nothing is guaranteed.
       
      What to Bring to Your ASC Appointment
      Your notice will provide specific instructions on what you should bring with you to your ASC appointment. You must also bring:
      Your ASC appointment notice (Form I-797C), and Valid photo identification (such as your passport, State ID or driver’s license) USCIS recommends that you print or save a photocopy of your completed application, petition, or request to review in the future and for your records. USCIS also recommends that you review your copy of your completed application, petition or request before you come to your ASC appointment. We cannot provide you with a copy at your appointment. What to Expect During Your ASC Appointment
      When you appear for your appointment, USCIS will capture your fingerprints, photograph and/or signature with machines designed to collect these bio-metrics. When you provide your digital signature, you will also be attesting that the information in your application, petition, or request was complete, true, and correct at the time of filing.
      NOTE: USCIS will only allow you to complete your bio-metric services appointment if you can reaffirm, under penalty of perjury, that all of the information in your application, petition, or request was complete, true and correct at the time of filing.
      Age Requirements
      If you are 14 years of age or older, you must provide a signature on an application, petition, or request filed with USCIS.
      Children under the age of 14 are not required to provide a signature on an application, petition, or request filed with USCIS, but they may choose to sign their name during their ASC appointment if they are capable of signing. A parent or legal guardian may also sign the application, petition, or request on the child’s behalf.
    • By Sheila Danzig in H1B RFEs
         0
      RFE season is now, and when CIS finds one problem with a petition, they tend to find more.  Over the past few years, we have seen a common double RFE involving specialty occupation and education issues.
      H-1B eligibility rules state that to qualify for H-1B status the H-1B employee must hold a US Bachelor’s degree or higher or its equivalent in the exact field of the H-1B job.  The job must be a specialty occupation, one that requires a minimum of the H-1B educational requirements for entry into the position.  This job must involve theoretical and practical application of a specialized body of skills and knowledge as evidenced by the advanced degree.
      This double RFE calls into question whether the job meets specialty occupation requirements, and whether the H-1B beneficiary meets educational requirements.
      Some common issues on the job topic are when an occupation sometimes requires this advanced degree minimum qualification, or when the job is set at a low wage level.
      Some common issues on the topic of the beneficiary’s education are incomplete college, a degree earned outside of the United States – particularly the Indian three-year Bachelor’s degree, no college or a degree from an unaccredited institution, and having the right degree but in the wrong specialization.
      The first issue can be addressed with evidence showing past hiring practices, the ad for the job and similar jobs that show the minimum requirements meet H-1B specialty occupation requirements, a detailed breakdown of the duties of the job, and an expert opinion letter.  This expert opinion letter validates that the job does require specialized knowledge and skill earned through the education required by H-1B statutes, and the expert must have expansive experience working in the field of the specialization, beyond instructing.
      The second issue can be addressed with the right credential evaluation that takes the job and the education into consideration, along with H-1B requirements, CIS approval trends, and any training that took place in a classroom setting or through progressive work experience in the field to fill in any gaps between the beneficiary’s education and H-1B job requirements.
      At TheDegreePeople.com, we have experts on hand in all fields ready to write the expert opinion letter CIS needs to get the RFE overturned.  All of our experts have extensive work experience in the field.  All of our credential evaluators have been trained to work with difficult RFEs and have expertise in international education and particular visa requirements.  Every credential evaluation is uniquely researched.
      If you or your employee or client receives an RFE this summer, time is of the essence.  Visit ccifree.com/ for a free review of your case and advisement of how to best proceed.
       
    • By Hire IT People, Inc in H1B Visas
         0
      On June 10, USCIS will begin premium processing for all remaining FY 2020 H-1B cap-subject petitions. Starting on that date, petitioners may file Form I-907, Request for Premium Processing Service, with the USCIS service center that is processing their petition.
      On March 19, we announced that we would offer premium processing in a two-phased approach during the FY 2020 cap season to best manage premium processing requests without fully suspending it. In the past few years, we suspended all premium processing for H-1B petitions due to high demand. Based on feedback from the public, we are using this phased approach to benefit petitioners and ensure efficient premium processing. The first phase, which started on May 20, included FY 2020 cap-subject H-1B petitions requesting a change of status and the second phase includes all other FY 2020 cap-subject petitions.
      At this time, premium processing for H-1B petitions that are exempt from the cap, such as extension of stay requests, remains available. 
      Pre-paid Mailer Temporary Suspension
      Starting on June 10 and continuing through the end of June 24, we will not use pre-paid mailers to send out final notices for premium processing for FY 2020 cap-subject H-1B petitions not requesting a change of status. Instead, we will use regular mail. We will be doing this due to resource limitations as we work to process all premium processing petitions in a timely manner.
      The process for printing approval notices and sending them by regular mail is fully automated, whereas using pre-paid mailers requires a separate and more time-consuming manual process. As such, and given the initial surge of premium processing requests for H-1B cap petitions and its impact on USCIS resources, using pre-paid mailers may actually delay the issuance of an approval notice compared to the standard process, or otherwise negatively affect our ability to timely process premium processing petitions. After the two-week period, we intend to resume sending out final notices in pre-paid mailers provided by petitioners, when operationally feasible.
    • By Hire IT People, Inc in Visa Stamping
         0
      We all know that the DS 160 Applications now require Applicants to provide Social Media Account Information to the U.S. Consulates. It has come to our attention that the U.S Consulates are already requesting this information on 221G, even if your DS-160 is filled prior to the updates on the DS-160 Forms.
      Here is a request from a U.S Consulate.
       
    • By Hire IT People, Inc in H1B Visas
         0
      USCIS will reject petitions lacking petitioner’s or applicant’s primary U.S. office address
      On August 5, USCIS will begin rejecting Form I-129, Petition for a Nonimmigrant Worker, petitions that do not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of Form I-129.
      USCIS currently rejects Form I-129 for several reasons. These include, but are not limited to, lack of signature, incorrect fees, or unauthorized third party signing on behalf of the petitioner. 
      DHS regulations require every form to be submitted in accordance with the form instructions and allow USCIS to reject any benefit request that is not filed in compliance with the regulations governing the specific benefit request. See 8 CFR 103.2(a)(1) and 8 CFR 103.2(a)(7)(ii)(C).
      The petitioner’s or applicant’s primary U.S. office address in Part 1 of Form I-129 must not be the address of the petitioner’s or applicant’s outside counsel or clients. Failure to include the petitioner’s or applicant’s name or providing the address of the petitioner’s or applicant’s outside counsel or clients in Part 1 creates unnecessary delays in the adjudication of Form I-129 and may result in its rejection.
      The Instructions for Form I-129 state, in relevant part:
      Petitioner Information
      Complete the “Legal Name of Petitioner” field (if the petitioner is an individual person or a company or organization). For mailing address, list the address of the petitioner’s primary office within the United States. 
      In many instances, the petitioner’s or applicant’s primary U.S. office address will determine the filing jurisdiction. Information about where to file Form I-129 is available on the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker page.
      Form I-129 petitions that USCIS rejects due to missing information can generally be refiled with the required information and fee. However, there are instances when a refiled petition or application would be rejected, such as when a statutory cap-subject petition is resubmitted after USCIS has received a sufficient number of petitions projected as needed to reach the congressionally mandated numerical limit.
    • By Hire IT People, Inc in Visa Stamping
         4
      If you are going to apply for a US Visa in the future, you are now required to provide Social Media Information to the US Embassy/US Consulates.
      There is now a new question now appears on the DS-160 and DS-260 forms used by visa applicants at U.S. consulates. You must provide Social media user names used in the last 5 years. 
      The US Department of State had published a notice in the Federal Register last year explaining its plans to add several additional questions for nonimmigrant visa applicants, including a question listing multiple social media platforms and requiring the applicant to provide any identifiers (handles) used by applicants for those platforms during the five years preceding the date of application. 
      What is the government's perspective?
      This process helps with the rigorous evaluation of applications.  The government also states that failure to collect this information would impede such rigorous evaluation and the national-security purposes for which it was directed when the circumstances of an individual applicant, a review of a visa application, or responses in a visa interview indicate a need for additional information to resolve the applicant’s identity or to vet for terrorism or other national security-related visa ineligibility.

      What about Privacy?
      Consular officers are required not to engage or interact with applicants on social media; not to violate or attempt to violate individual privacy settings; and not to use social media or assess an individual’s social media presence beyond established guidance by the USDOS. This also safeguards a visa applicant’s personal information and will remain in effect for social media identifiers. The collection of social media platforms and identifiers will not be used to deny visas based on the Visa applicants’ race, religion, ethnicity, national origin. US Consular officers will not request any passwords of your accounts.
      What is next for US Visa Applicants?
      In the future, if you plan to apply for your visa stamp, be prepared to provide a five-year history of the social media platforms you have used and your usernames.
      Questions on Groups (Updating as we see them)
      Q: I submitted my DS-160 a few weeks ago. Do I need to re-submit new DS-160 with this new social media thing going on?
      Answer: It does not affect the application filled in the past, you don't have to re-submit
      Q: I am applying for renewal of visitor visa from India, should this question be answered mandatorily by username or just select None
      Answer: If you have any Social Media Accounts, please do not lie on the form and be honest. If you lie and the government is able to find an account in your name, your visa may be rejected and you may be barred from coming to America.
    • By Sheila Danzig in H1B Visas
         0
      Recently a lawsuit was filed against USCIS by ITServe Alliance.  This is a organization of US IT service companies that had previously petitioned USCIS against new changes to H-1B adjudication rules. 
      The new rules state that for IT consulting companies that contract H-1B employees to work off-site to meet H-1B requirements, they had to prove the H-1B employee would have “Guaranteed specific and non-speculative work assignments” scheduled for the entire duration of their three-year H-1B visa.  This rule was applied to new employees seeking H-1B status for the first time, and for existing H-1B employees seeking visa renewal.
      This new rule has taken a toll on IT consulting firms across the United States. Last fall at the end of FY2018, a study of the 30 top employers that sponsor H-1B employees found that while IT consulting firms saw 20-80% rates of H-1B Denials among their sponsors, non-consulting companies only saw a 1% Denial rate.  Consulting firms were answering RFEs and Denials well into the fiscal year the sponsored employee was hired for, cutting into business productivity and damaging relationships with customers because new hires could not start on time because they were still engulfed in a fight for their right to work.
      While USCIS claims that this new rule is simply a reinterpretation of existing statutes, ITServe Alliance disagrees.  Regardless, USCIS is still the gatekeeper of you, or your employee or client’s visa status, and that means you must be prepared to prevent and answer the potential RFE or Denial that is likely to arrive this summer if you or your employee or client works for an IT consulting company.
      Here is what you need to do to get this kind of RFE or Denial overturned:
      1. Clearly show three years of guaranteed and non-speculative work for the H-1B employee.  This means providing a detailed itinerary of the employee’s next three years on the job bolstered by customer contracts and timelines.
      2. Clearly show that the employer-employee relationship will be maintained even when the H-1B employee is working off-site.  This means providing a clear breakdown of the day-to-day duties and responsibilities of the employee along with their means of reporting to the employer.  Clearly show avenues of control and accountability as you will need to prove that the employer maintains the ability to hire, fire, promote, and otherwise control the work the H-1B employee does throughout the duration of the H-1B visa, regardless of which site they are working at.
      3. Include an expert opinion letter that analyzes, ties together, and lends credibility to the evidence and documentation you provide.  This expert must have extensive experience WORKING IN the IT consulting field, and not simply be an IT instructor or professor.  At TheDegreePeople.com, we have the right experts on hand 24/7 to write the opinion letter you or your employee or client needs to serve a strong case for approval.
      4. Make sure all of your bases are covered.  When USCIS finds a red flag in a petition, they look deeper, and they usually find more aspects of a case to take issue with.  Education issues, wage level issues, and specialty occupation issues are common features of the first or second round of RFEs. 
      Always take the opportunity to prevent a second round of RFEs when answering the first.  For a free review of your case, visit ccifree.com/.  We will get back to you in 48 hours or less.
    • By Hire IT People, Inc in H4/EADs
         0
      H4- EAD Updates - Reps. Eshoo and Lofgren reintroduce H4 EAD work authorization protection bill in House
      What's the update on H4 EAD?
      The reintroduction of this bill by California Reps. Eshoo and Lofgren may be a bit of a relief for H4 EAD holders fearing  the H4 EAD revocation by the Administration. The Office of Management and Budget (OMB) is reviewing the rule for over 90 days, and the government has not made any decision as of May 30, 2019.
      This week, the Trump Administration announced plans to overturn current DHS regulations that allow H4  EAD spouses of H-1B visa holders. Two influential lawmakers from California have introduced an act in the United States House of Representatives to protect authorization of H-4 visa workers, a visa issued to immediate family members of H-1B visa holders. This development comes after the DHS (Department of Homeland Security) said that it would publish the long-promised law that would prevent work authorization to spouses on H-4 visas in the month of May 2019.
      What to expect next?
      Although, a bill is introduced the Administration will continue to review every comment, opposition, and bills from the public and the law makers. We need to wait and watch the latest developments.
      What are my options, can I still apply for an H4-EAD?
      Yes. You may still apply for a fresh H4 EAD or a renewal as nothing changed as of Today, please follow the Article below for more information. 
      H4-EAD FAQs | USCIS Accepting H4-EAD Applications?
    • By Hire IT People, Inc in Visa Stamping
         8
      Here is a Visa Stamping Experience from one of the Whatsapp groups by www.usvisastampinginmexico.com
      I had my interview for H1 B and H4 yesterday at MX city location.
      I am a full time employee with the company since 2010 and had 3 renewals prior to this one.
      The visas were granted and only 3-4 q asked by CO
      1. Are you working at client side ? I answered - No. I work on products that we build for ourselves and our customers use them.
      2. Employee strength of company ?
      3. Annual comp
      4. Why are you in Mexico ? I answered for visa renewal
      And then CO mentioned your visa is granted and have to wait for email when the passport is ready for pickup.
    • By US Visa Stamping in Mexico in Visa Stamping
         0
      Step by step process for How to book US Visa Appointments to attend your US visa (H1b, H4, E3, L1A, etc.,) renewal interview in Mexico; US Embassy locations in Mexico.
      Join below facebook support group to see previous H1B, H4, E3, L1A, L1B visa interview questions, Latest 221g, Visa Approvals, Denials information, etc.,
      https://www.facebook.com/groups/visarenewalstampinginmexico/
      Step 1) Fill DS160
      Select the location that you want to attend in Mexico.
      Fill DS160 1st page; Save that number; Fill again later and submit
      (you can submit DS160 within 30 days after you create it; DS160 will be valid for 30 days if you don’t submit, But it will be valid forever if you submit.)
      You can submit DS160 even after paying visa fee &booking visa dates.
      This is the DS160 Link: https://ceac.state.gov/genniv/
      Select the location that you want to go to Mexico.
      Below are the US Embassy locations where you can attend visa interviews in Mexico.

      Register your account to see Visa dates availability in all locations in Mexico & To Book Visa dates
      This is the Link: https://ais.usvisa-info.com/en-mx/niv
      More Detailed information (please refer below link)
      Step 3) How to make US Visa Application MRV fee payment in Mexico.
      Select pay by cash in 2nd step last stage (the Only option is to make visa fee payment in-person in Mexican Banks — you will get MRV — US Visa Application Fee Payment (pdf form) automatically to your email.
      Even if you are going to any US Consulate whether it is Matamoros, Nuevo Laredo, Nogales, Tijuana, Monterrey, Mexico City, Cuidad Juarez, Guadalajara, etc., You can pay US Visa Application Fee in any locations in Mexico as all banks (Scotia & Banamex) will be in same network in Mexico.
      At this stage, you might need help for US Visa Application Fee payment in Mexico. You can use the below link to make visa fee payment in Mexico.
      https://usvisastampinginmexico.com/us-h1b-h4-e3-l1-j-o-mrv-csra-visa-application-fee-payment-process-in-mexico/
      Step 4) Book ASC (Biometrics) & Consular (Visa) interview dates in Mexico.
      Day 1: ASC (Fingerprints) & Digital Photo (In ASC) in Mexico
      Day 2: Consular / Visa Interview in Mexico
      Join below facebook support group to see previous H1B, H4, E3, L1A, L1B visa interview questions, Latest 221g, Visa Approvals, Denials information, etc.,
      https://www.facebook.com/groups/visarenewalstampinginmexico/
      Step 5) Plan your travel to Mexico.
      If you want to go to Matamoros, Mexico, use this link to take services of accommodation & transportation.
      If you want to go to any other location, you can plan your hotel stay & transportation using Uber / local CAB services, etc., in Mexico.
      #Mexico City #Matamoros #Tijuana #Nogales #Nuevo Laredo #Cuidad Juarez #Monterrey #Guadalajara #Hermosillo #Cancun
      Mostly all locations have CAB services in Mexico in places near US consulates.
      Step 6) Attend ASC — Day 1; Attend Visa Interview — Day 2
      Day 1: ASC (Fingerprints) & Digital Photo (In ASC) in Mexico
      Day 2: Consular / Visa Interview in Mexico
      Step 7) Passport Pickup
      Though you select any DHL address, mostly you pick up passport in-person (directly) from the US Consulate whether it is Matamoros, Nuevo Laredo, Nogales, Tijuana, Monterrey, Mexico City, Cuidad Juarez, Guadalajara, etc.,
      Passport return might be the same day as visa interview at locations such as Matamoros, Nuevo Laredo, Nogales, Tijuana, etc.,
      some other location like Mexico city — it might be next day after visa interview or within the same week.
      Step 8 ) Take I-94 at POE.
      After you pick up the passport, you will be coming to the border location to POE(I-94) office to get new paper-based i-9. you pay 6$ & POE officer might ask you a few questions about your address, work, employer, etc., Might take fingerprints, etc.,
      Step 9) Enter into the US.
      After taking I-94, you are good to enter into the US.
      #H1B #H4 #E3 #L1A #L1B #visa #stamping #Mexico
      #US Visa Application Fee Payment in Mexico
      #US Embassy locations in Mexico
      #US Visa Appointments in Mexico
      Join below facebook support group to see previous H1B, H4, E3, L1A, L1B visa interview questions, Latest 221g, Visa Approvals, Denials information, etc.,
      https://www.facebook.com/groups/visarenewalstampinginmexico/
      #Mexico City #Matamoros #Tijuana #Nogales #Nuevo Laredo #Cuidad Juarez #Monterrey #Guadalajara #Hermosillo #Cancun
       
    • By Admin in H1B Visas
         2
      This article provides you with some tips to help ensure that your H1B visa petition has been sent to USCIS for processing and if it is not picked in the lottery, the process to to obtain proper confirmation(s) from the Employer.
      But, the big question. Did the Employer actually file/send the H1B petition for processing?
      What if you heard, “Your application has not been picked up and money has been spent towards expenses”
      • How to confirm that your H1B application is actually sent by the Employer for processing with the USCIS?
      • What happens if the H1B is not picked in the Lottery? 
      • If your H1B petition has not been picked in the lottery – Again, did the Employer file the H1B application at all? 
      • Employer needs to deduct expenses like Attorney Fee, Mailing, and Academic Evaluation if your application is not picked in the Lottery?
      H1B Application Filed by an Attorney :
      Unfortunately, Attorney, mailing, and Academic evaluation fee is usually non-refundable from appropriate parties, even if the H1B is not picked in the lottery. 
      If the employer uses an Attorney, ask name and contact email and phone number of the Attorney. If an Attorney is used the total cost is around $500.00 to $1000.00 (or more), depending on the Attorney fee 
      H1B Application prepared by Employer (No Attorney):
      Usually, there is no paperwork/documentation expense except Mailing and Evaluation, which may cost around $100.00 to $200.00 altogether.
      Confirm that you’re H1B has been sent by the Employer on required dates between March 31 and April 06 by requesting the following information immediately.
      1)Mailing Receipt Proof/Tracking Number "THIS IS YOUR MAILING LABEL UNIQUE TRACKING NUMBER"
      2)Copy of the I-129 Petition and LCA
      3)Copy of the Cover letter that was sent to USCIS
      4) Obtain a Copy of Academic/Foreign Education Evaluation (If foreign degree) and keep in your permanent records, which may be used in future
      5)If an Attorney is representing your case, ask Employer to provide a Copy of G-28 signed by the Attorney related to your H1B Petition. Also, obtain contact information of Attorney. Unfortunately, attorneys may not be willing to communicate with you directly.
      If the H1B is not picked in the Lottery, in about 45-60 days of filing, the Employer/Attorney receives the entire package back in a Yellow Envelope with the following:
      1) Original Mailing Receipt "THE MAILING LABEL WITH YOUR UNIQUE TRACKING NUMBER "
      2) Entire H1B Package
      3) A Rejection Notice with your Name and a Unique Tracking Number
      4) I-129 form that was submitted with a Unique Tracking Bar code ID (This is different from the mailing label Tracking Number)
      Please note that they may use any service like USPS, Fedex, UPS to ship the package and all have Tracking Numbers that you can track online. 
    • By Hire IT People, Inc in H1B Visas
         1
      On behalf of Immisupport.com, we would like to congratulate all of you, who got the H1B picked in the lottery and received H1B receipt notices. We feel sorry for Aspirants who's petitions are not picked in the lottery, please don’t be depressed, it’s not the END of the world.

      H1B petitions that were filed under the Premium Processing Program
      USCIS has begun adjudicating the premium processing petitions on May 20, we heard that some Employers already received approval notices for H1B premium processing petitions. See official here
      Time Frame: After USCIS begins adjudicating the Premium Processing H1B petitions, USCIS will send a response within 15 calendar days. Yes, calendar days including Saturdays and Sundays. The clock has begun on May 20, 2019, and within 15 Days you should either get approval or an RFE (Request for Evidence).
      RFE (Request for Evidence): If an RFE is issued the clock will reset to another 15 calendar days from the date they receive a response from your H1B Employer and/or Attorney on record.
      Approval Notices: If your case is approved, your H1B Employer will first receive an email stating that the H1B is approved followed by a physical H1B approval notice.
      H1B petitions that were filed under Normal processing
      Time Frame: USCIS has begun adjudicating the H1B petitions filed under normal processing program on or after April 25.  Adjudication of petitions may take anywhere between 1 month to 6 months, you may receive an approval notice or an RFE within this time.
      RFE (Request for Evidence): If an RFE is issued, USCIS will adjudicate the H1B petition in 60-90 days from the day they receive the response from your H1B Employer/Attorney
      Approval Notices: If your case is approved, your H1B Employer will receive a physical H1B approval notice. For normal processing H1B petitions, H1B Employer will NOT receive any email notifications.
      YOU MAY CREATE AN ACCOUNT AT USCIS.GOV WEBSITE TO RECEIVE EMAIL AND TEXT ALERTS FOR YOUR CASE, ANY CHANGE IN CASE STATUS WILL BE IMMEDIATELY NOTIFIED BY USCIS.
      RFE Section
      What is an RFE and why USCIS sends an RFE?
      RFE stands for Request for Evidence. While adjudicating an H1B petition, if USCIS is not satisfied with the provided documentation and/or information; USCIS will send a letter asking for more information to the H1B Employer/Attorney. USCIS also allows up to 3 months for sending a response. The processing time will then depend on how soon your H1B Employer/Attorney sends a response to the RFE Notice.
      While applying for an H1B visa with the USCIS, proper documentation is the key to avoid RFEs. The employer documentation is exhaustive and differs from Employer to Employer. I will post a separate article with an exhaustive list of documents, explaining the importance of each document, please subscribe to this blog or Facebook LIKE to get updates!
      What kind of RFEs can I expect?
      The most common requests for evidence are as follows and USCIS may ask for one single item or all of the items as listed below:
      Specialty Occupation  Education of the beneficiary, foreign equivalency evaluation (if overseas education like India) Availability of a Project or Client with the H1B Employer Employer-Employee Relationship, Client Letters Employer Business Maintenance of Status for beneficiaries in the United States (Filed under Change of Status to H1B) RFEs on Specialty Occupation (This is now a nightmare and most RFEs/Denials are based on the Specialty Occupation)
      USICS needs information from the Employer to confirm that the offered job qualifies under specialty occupation.  In other words, the job needs someone with a specialized knowledge possessing at least a bachelor’s degree in a related field. USCIS will specifically request the H1B Employer to explain the nature and complexity of the job and why it requires someone to possess a bachelor’s degree to perform the job. Your H1B Employer should explain the job in detail with examples; time spent for each task/duty on a weekly basis. It is the responsibility of H1B Employer to show evidence to USCIS and provide proper documentation.
      Example:
      To perform a Job of a Programmer/Analyst one may require a bachelor’s degree and the occupation Programmer/Analyst qualifies under specialty occupation
      To perform a job of an Administrative assistant, one does not require a bachelor’s degree and the occupation Administrative Assistant will NOT qualify under specialty occupation
      It is very important to note that USCIS will not simply go by the Job title while adjudicating the H1B petitions, they will rely on job duties.
      What is a Specialty Occupation?
       In order to perform services in a specialty occupation, you must meet one of the following criteria:
      Hold a United States baccalaureate or higher degree as required by the specialty occupation from an accredited college or university Possess a foreign degree determined to be equivalent to a United States baccalaureate or higher degree as required by the specialty occupation from an accredited college or university Have any required license or other official permission to practice the occupation (for example, architect, surveyor, physical therapist) in the state in which employment is sought; or  As determined by USCIS, the equivalent of the degree required by the specialty occupation acquired through a combination of education, training, and/or experience. Specialty occupations may include but are not limited to, computer systems analysts and programmers, physicians, professors, engineers, and accountants. RFEs on Education and Experience
      The offered job should be directly related to the field of study. If you have a US Master’s Degree in Chemistry and your H1B job is Programmer/Analyst which not related, it would trigger an RFE. USCIS will send an RFE asking the H1B Employer to show the evidence “How the beneficiary will work as a Programmer/Analyst when his/her field of study in Chemistry”
      The educational evaluation for overseas degrees is usually ignored while sending the H1B Petition, you may have a BS degree in Computer Science or an MCA; USCIS must get a document stating the equivalency of your Education in the United States to determine the level of your education. For Indian degrees like IIT, IIM are exempt from this requirement.
      What is an Educational Evaluation or Foreign Credentials Evaluation?
      Your foreign education and/or experience is evaluated by a Private Agency or a University Professor to determine your educational equivalency when compared to the United States degree. Since your education is from another country, there is no way USCIS can determine that you have a valid degree.
      In some cases, where your education is NOT directly related to the job offered, an evaluator may use your experience to determine the equivalency. Every 3 years of work experience is counted towards 1 year of college in a related field.
      Example: Bachelor’ in Engineering (Mechanical) + 3 Years of IT Experience = Bachelor’ in Engineering (Information Technology or Computer Science)
      My H1B was applied as a Programmer/Analyst and I have a non-related degree with IT Experience, equivalency evaluation has not been submitted, would I get an RFE?
      Yes, most likely. USCIS must determine that you qualify for the job and you have related degree and/or experience.
      If you have any questions on the Education part, please post in comments, one of our H1B supporters is a professional educational evaluator and she will answer your questions.
      RFEs on Availability of a Project or Client
      This is the most important item, especially when an H1B is filed by a Consulting Firm. If you’re H1B was applied by a large company with A/K/A full-time basis, you may not worry about an RFE for this item.
      But, for IT consulting firms, it is a big problem to show sufficient H1B specialty work for the requested H1B period of Employment.
      USCIS wants to confirm that the H1B Employer has sufficient specialty occupation work available with the H1B Petitioner. A petitioner may have good revenue and bank balance to pay the salary, unlike the GC process; ability pay is not required for H1B petitions.  H1B Employer must demonstrate the following:
      A viable existing internal/in-house project with Market analysis, customer base, and competitor analysis to employ the beneficiary under H1B basis OR
      A contract/client letter from a Client showing that a Specialty occupation work available for the requested H1B period of Employment RFEs on Employer-Employee Relationship
      This is a trivial RFE and H1B Employers/Attorneys have a tough time responding RFEs related to Employer-Employee Relationship
      What is this Employer-Employee Relationship?
      On January 08, 2010, USCIS Director issued a Memo concerning H1B Employment and how the H1B Worker will be controlled by the H1B Employer while working at a third-party client site.  See the official Memorandum. 
      The memorandum also discusses examples of evidence the petitioner may submit in order to establish that an employer-employee relationship exists and will continue to exist throughout the duration of the requested H-1B validity period.  Examples of that evidence include a complete itinerary of services or engagements, a signed employment agreement with the beneficiary, and/or relevant portions of valid contracts statements of work, work orders, or service agreements with the end-user client.
      Common Law (Internal revenue Service):  Under the common law rules, every individual who performs services that are subject to the will and control of the employer, as to what must be done and how it must be done, is an employee.
      However, H1B Employers cannot simply state that we will be paying the beneficiary and he/she is our Employee. There are a number of factors beyond Payroll, benefits, performance reviews to be considered while providing a response to such RFEs. If the H1B Employer is not careful while sending a response for this item, it may end up in your case being denied.
      On February 18, the USCIS held a "Collaboration Session" in Washington, D.C., to address the growing concerns about the implications of the Neufeld Memo. Approximately 500 people (400 via teleconference) attended the two-hour session, in which USCIS officials responded to the "unintended consequences" caused by the Neufeld Memo.
      H1B Employers must demonstrate how they control the beneficiary’s employment while H1B workers are placed at a third-party client site, it is a common scenario if your H1B Employer is a Consulting firm. see illustration below.  H1B Employers must demonstrate their ability to supervise and control H1B Employee’s Work/Product and the ability to hire/fire the H1B Employee.  Also, demonstrate that only H1B Employer has the right to assign additional duties to beneficiary NOT the Vendor and/or Client.
      Citing the H-1B regulations, the Neufeld Memo explains that a U.S. employer that files an H-1B petition must have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee." Adjudicating officers are instructed to weigh the following factors when determining whether a valid employer-employee relationship exists:
      Does the petitioner supervise the beneficiary and is such supervision off-site or on-site? If the supervision is off-site, how does the petitioner maintain such supervision, i.e., weekly calls, reporting back to the main office routinely, or site visits by the petitioner? Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required? Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment? Does the petitioner hire, pay, and have the ability to fire the beneficiary? Does the petitioner evaluate the work-product of the beneficiary, i.e., progress/performance reviews? Does the petitioner claim the beneficiary for tax purposes? Does the petitioner provide the beneficiary any employee benefits? Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment? Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business? Does the petitioner have the ability to control the manner and means in which the work product of the beneficiary is accomplished?  The Memo emphasizes that the determination of whether an employer-employee relationship is valid should hinge on the extent to which the petitioner has the right4 to control the beneficiary's work, i.e., control over when, where, and how the beneficiary performs the job. In addition, adjudicating officers should consider the totality of the circumstances when weighing these factors, including the nature of petitioner's business and an H-1B beneficiary's work. Furthermore, the petitioner must maintain the right to control the beneficiary's work throughout the H-1B validity period in order to constitute a valid employer-employee relationship in the H-1B petition context.
      How is this possible, I will be working at the Client site, I may be reporting to the client manager?
      Unfortunately, based on the Neufeld Memo and regulations, H1B Employers must demonstrate that your H1B Employers controls your Employment.
      What type of evidence can we submit to satisfy this requirement?
      In addition to analyzing the parameters of a valid employer-employee relationship, the Neufeld Memo specifically includes the following list of the types of evidence that an H-1B petitioner may submit with an initial petition in order to demonstrate that a valid employer-employee relationship will exist for the duration of the H-1B validity period:
      A complete itinerary of services or engagements that specifies the dates of each service or engagement, the names, and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested; Copy of signed Employment Agreement between the petitioner and beneficiary detailing the terms and conditions of employment; Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary; Copy of relevant portions of valid contracts between the petitioner and a client (in which the petitioner has entered into a business agreement for which the petitioner's employees will be utilized) that establishes that while the petitioner's employees are placed at the third-party worksite, the petitioner will continue to have the right to control its employees; Copies of signed contractual agreements, statements of work, work orders, service agreements, and letters between the petitioner and the authorized officials of the ultimate end-client companies where the work will actually be performed by the beneficiary, which provides information such as a detailed description of the duties the beneficiary will perform, the qualifications that are required to perform the job duties, salary or wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, and any other related evidence; Copy of position description or any other documentation that describes the skills required to perform the job offered, the source of the instrumentalities and tools needed to perform the job, the product to be developed or the service to be provided, the location where the beneficiary will perform the duties, the duration of the relationship between the petitioner and beneficiary, whether the petitioner has the right to assign additional duties, the extent of petitioner's discretion over when and how long the beneficiary will work, the method of payment, the petitioner's role in paying and hiring assistants to be utilized by the beneficiary, whether the work to be performed is part of the regular business of the petitioner, the provision of employee benefits, and the tax treatment of the beneficiary in relation to the petitioner; A description of the performance review process; and/or Copy of petitioner's organizational chart, demonstrating the beneficiary's supervisory chain. The evidence that H1B Employers can submit may vary, if you have a particular situation, please comment below and I will provide information.
      There is some good news that USCIS has relaxed this regulation with FAQs, by adding that a Client letter may not be required if the following is met. 
      Am I required to submit a letter or other documentation from the end-client that identifies the beneficiary to demonstrate that a valid employer-employee relationship will exist between the petitioner and beneficiary if the beneficiary will perform services at an end-client/third-party location?
      No. While documents from the end-client may help USCIS determine whether a valid employer-employee relationship will exist, this type of documentation is not required. You may submit a combination of any documents to establish, by a preponderance of the evidence that the required relationship will exist. The types of evidence listed in the memorandum are not exhaustive. Adjudicators will review and weigh all the evidence submitted to determine whether you have met your burden in establishing that a qualifying employer-employee relationship will exist.
      RFEs on Employer Business
      USCIS must determine that the Employer is in the business and satisfy the requirements of the United States Employer. There are a number of documents your Employer can submit based on the type and size of the Employer
      “Under C.F.R. 214.2(h) (4)(ii) “United States employer,” is defined as follows. United State employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:
      (1) Engages a person to work within the United States;
      (2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and
      (3) Has an Internal Revenue Service Tax identification number.”
      What documents can the H1B Employer submit to satisfy this requirement?
       Tax ID Letter from IRS  Tax Returns  Company registration documents  Office Lease or Ownership  Telephone or utility bills   Website screenshots   Yellow Pages or Google Listings RFEs on Maintenance of Status for beneficiaries in the United States (Filed under Change of Status to H1B)
      These items cover RFEs issued only for H1B petitions for beneficiaries who are presently in the United States to seek a change of Status to H1B as of October 01. Based on your present status, you may be required to submit the following information.
               Change of Status from F1/OPT/M1/J1          All forms I-20 and OPT Cards          Confirmation of tuition payments to school          Eligibility of Cap-Gap (if any)          Change of Status from F2/J2          All form I-20s of Spouse          Confirmation of tuition payments to school          Marriage Certificate          Change of Status from L1          Paystubs as of H1B filing date          L1/I-797 validity until September 30 or I-94          Change of Status from L2          Paystubs of the spouse as of H1B filing date          L1/I-797 validity of spouse until September 30 or I-94          L2/I-797 validity until September 30 or I-94          Marriage Certificate          Change of Status from H4          Paystubs of the spouse as of H1B filing date          H4/I-797 validity until September 30 or I-94          Marriage Certificate          Change of Status from B1/B2          I-94 Validity until September 30 Conclusion on RFEs: USCIS may request all the above information or a combination of information based on the documents initially submitted with the H1B petition. I did my best in providing the information on RFEs, please comment if I have missed anything.
      NOID (Notice of Intent to denial) – What is this?
      On rare occasions, USCIS issues a NOID on particular H1B petitions, when USCIS determines that there has been misrepresentation or fraud while filing the H1B petitions. The NOID may be sent before an RFE or after an RFE response is received. I will not be discussing much about the NOIDs; I will post another Article with respect to NOIDS.
      H1B Approval Notices Section
      Hooray… The H1B is approved, what are the next steps?
      H1Bs with COS (Change of Status as of October 01)
      If you are in the United States and your H1B is approved with COS as of October 01, you may begin employment.
      Do I require H1B Visa Stamping?
      NO. You do not have to stamp an H1B visa to begin work as COS is approved. However, you need a visa if you want to travel.
      H1Bs with Consular Processing
      Presently in the United States:
      Option # 1: Your Employer may file an amendment and change status to H1B at a later point of time when there is a project (usually with consulting firms)
      Option # 2: You may go to a US Consulate to get an H1B visa stamping and return on H1B
      Presently Overseas:
      H1B Employer needs to send an H1B petition package to obtain an H1B visa stamping at your home country.
       
    • By Hire IT People, Inc in Visa Stamping
         0
      One of our Readers has shared his H1B Visa Stamping Experience at Chennai, India. He started the process with Drop-Box and waited to get the details to update under PIMS Database and finally went for an H1B Visa Interview to secure a visa. Download Template for PIMS Update
      I have submitted my documents on December 28 at a Drop-Box location in Chennai, India and they have posted my H1B documents to US Consulate on December 29. (Applied with my Spouse for H4 Visa) I tracked my status through VISA tracker and It was showing READY from December 29th to January 5th  - I called NVC during these days and found my petition was not updated in PIMS DB and I informed my employer and finally got updated on January 5th with “Administrative processing”. I got mail on January 6th to collect my passport but in CEAC website it was showing “Administrative processing” so I contacted NVC and found it's under 221g for asking me to come for VISA interview. I collected my passport on January 7th and I got a blue slip for VISA interview during Monday, Tuesday, Thursday and Friday between 8 am to 12 pm and there is no need to schedule a new appointment. I went to Chennai consulate on January 8th at 8 am with all the necessary documents which we usually carry for H1B visa interview and the interview was simple than I thought. She asked me the below questions When did you switch your job? How long are you working with this new employer? Have you changed your job in the US? Who is your end client? What is your annual salary? Show me your pay stubs Status updates by date:
      December 28: Document submitted December 29: Document sent to the consulate for processing January 01:     PIMS updated - called NVC to know this status January 07: Passport collected with a letter for 221g to attend the interview January 08: Attended the interview January 11: Passport ready for pickup
    • By Hire IT People, Inc in H1B Extensions
         0
      This article details the process involved in extending your H1B visa beyond the standard sixth year (7th-year extension) with Frequently Asked Questions.
      To extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. I suggest that your Green Card process is initiated at least in the 4th year of H1B as the GC process is complicated and lengthy. The first step of PERM usually takes anywhere between 8-12 Months from the day an employer initiates the process if there is no Audit. If there is an Audit the process may take up to 2 Years. If for some reason the PERM gets denied you will lose several years, and the process will have to be initiated from scratch. I know several candidates under full-time H1B Employment, mostly from MNCs wait for 5 Years and run after consulting companies to file a Green Card. Please ensure you allow enough time for the process to occur as this could be beyond the control of your H1B Employer and/or the Attorney. There is no way to extend beyond 6 years if your Green Card process has not been initiated. You will have to leave the United States and wait for 1 year before applying for a new H1B under Annual Quota to reset the time. With the H1B lottery process, there is no guarantee that your H1B will be picked in the coming years!
      What is an H1B Visa Extension beyond the 6 Years?
      There is a provision in the Immigration under the American Competitiveness in the Twenty-first Century Act (AC21) to extend your H1B Visa beyond six years in either 1 year or 3-year increments.
      How do I calculate 6 Years on H1B?
      You will complete 6 years on an H1B when you calculate the time you lived in the USA on an H1B, you do not have to calculate the days spent outside the United States.
      Example: You have been on an H1B for 7 Years but spent 14 Months outside the United States under several trips. Only the time spent in the USA of 4 Years 8 Months is counted towards 6 Years!
      Use this Tool to calculate the time you spent in the USA or outside the USA, please grab information from Passport Entry/Exit Stamps, don't do any guesswork! https://www.timeanddate.com/date/duration.html
      What is the eligibility criteria?
      H1B Extension in the Increments of 1 year. Based on Pending or Approved PERM Labor Certification, your H1B visa can be extended for 1 Year and in the multiples of 1 year thereafter provided your Green Card PERM Labor Certification should be pending for 365 days or more, to qualify for H1B Extension.
      H1B Extension in the Increments of 3 years. Based on approved I-140 (Second Step in GC Process), you may qualify for H1B Extensions in multiples of 3 Years provided there are no Green Card Visa Numbers are NOT available for the country of your birth.
      Quick FAQs
      My PERM got recently approved after 365 Days, but my employer has not filed the I-140, can I use the approved PERM to file an H1B Extension for 1 year?
      Yes, you can use an approved PERM to file the H1B Extension, please note that the PERM filing date must over 365 days ago.
      My PERM labor is under Audit, and it is more than 365 Days since filing the PERM, can I use the PERM under audit to file an H1B Extension for 1 year?
      Yes. The PERM under Audit can be used if 365 Days have passed. If the PERM is under Audit, please ensure the employer responds to the Audit. If it gets denied during the H1B Extension process, you may land in trouble.
      My PERM labor is with Employer A (Pending or in Audit for over 365 Days) and I am planning to file an H1B Extension with Employer B, please let me know if that is possible?
      Yes, you may use the pending PERM Labor with Employer B to file an H1B extension, please note that if you move to Employer B and Employer A may withdraw your PERM.
      My I-140 is approved with Employer A and I am planning to file H1B Extension with Employer B, please let me know if that is possible?
      Yes, possible. You may use the Approved I-140 file an H1B Extension with another Employer. There are no regulations stating that it needs to be the same employer.
      I am overseas, can I use my PERM or I-140 to file an Extension?
      Yes, you can take advantage of this regulation to extend the H1B beyond 6 years!
      What is the H1B/I-129 process involved in filing an H1B Extension beyond 6 Years and relevant documentation?
      The H1B Extension will be filed as usual as your H1B Extension was filed in the past including an H1B Transfer. However, on I-129 petition "H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement", your H1B Employer/Attorney will have to Check 3. Numerical Limitation Information "Box g"
      The beneficiary of this petition has been counted against the cap and: (1) was previously granted status as an H-1B nonimmigrant in the past 6 years, (2) is applying from abroad to reclaim the remaining portion of the 6 years, or (3) is seeking an extension beyond the 6-year limitation based upon sections 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
      What documents are required to support the H1B Petition?
      Using Pending PERM for over 365 Days
      A Screenshot from USDOL System https://www.plc.doleta.gov/ along with a copy of the pending PERM application or a letter that was received from USDOL if there was an audit.
      Using Approved I-140
      A copy of the I-140 Approval Notice. A screenshot from the USCIS case status system without your name may not be acceptable.
      Tip: Please ensure that you get into the GC Process as soon as possible, if you plan last minute say in the 5th or 6th year, you may be a risking your H1B and may have to leave the country!
       
    • By Hire IT People, Inc in GC - PERM/I-140 /I-485 (EB1, EB2, EB3)
         0
      Very Informative Greencard Information session with Immigration Attorney, Sheetal Patel. This call covers many aspects including Q/A with the Stake Holders.   Play the below File, please turn on the speaker icon on the bottom right for Audio as this File is streaming from Facebook.    
       
    • By Admin in H1B Visas
         0
      If you are presently working under a Cap-Exempt H1B (Not-for-profit, Government) and an Employer filed a Cap-Subject H1B with a start date of October 01, you may begin working with the new Employer as soon as you receive an H1B receipt, if the CAP-SUBJECT H1B was filed as an H1B Extension.
      What is a Non-Profit Cap-Exempt H1B?
      An H1B filed by the Employer who is not subject to the annual H-1B quota. These Employers can file H1Bs all around the year, and there is no limit. The following are the types of Employer who fall under this category.
      •    A not for profit institution of higher education
      •    A not for profit entity related or affiliated to an institution of higher education
      •    A not for profit research organization or a governmental research organization
      FAQs
      I am a Systems Analyst employed by a cap-exempt university in H-1B status. A for-profit employer filed a cap-subject H-1B petition on April 01, 20.., requesting an employment start date of October 1, 20.. along with an H1B Extension. In this situation, can I work with Cap-subject employer upon receiving an H1B Receipt Notice, say from April 25, 20…?  
      Yes, you may begin working as of April 25, 20… The portability provisions do not grant H-1B status on the beneficiary of the H-1B petition. However, H1B regulations provide the benefit of continued employment authorization and is not connected to the actual status of the worker. As such, an H-1B worker described above, whose entire period of employment authorization will be covered with a valid LCA.
      You may commence H1B employment with a new or concurrent employer notwithstanding the fact that the prior H-1B employment on which Portability is based is H1B cap exempt employment and the new or concurrent employment is H1B cap-subject employment.
      What are the risks?
      It is important to note that it may be possible that the H-1B petition filed by the new employer may be denied, at which point employment authorization ceases upon denial.
      This fact is especially important to an H-1B non-immigrant moving from cap exempt H1B to cap-subject H1B employment. If you were to port to the new employer upon the filing of the cap-subject H-1B petition, you are allowed to do so. If for some reason you do not receive a cap number, as was the case this year when the cap was reached on the first day of filing, your work authorization would cease. If you are using the portability provision under these circumstances, you should be aware of this risk.
      Conclusion: You may start the new job upon the filing of the cap-subject petition, and may continue to be lawfully employed by the cap-subject entity under the H-1B portability provisions until new H-1B numbers become available on October 1.
       
    • By Admin in H1B Visas
         0
      This article details the process involved in extending your H1B visa beyond the standard sixth year (7th-year extension) with Frequently Asked Questions.
      To extend your H1B beyond 6 years, you must have a pending Employment Based Green Card process. I suggest that your Green Card process is initiated at least in the 4th year of H1B as the GC process is complicated and  lengthy. The first step of PERM usually takes anywhere between 8-12 Months from the day an employer initiates the process if there is no Audit. If there is an Audit the process may take up to 2 Years. If for some reason the PERM gets denied you will lose several years and the process will have to be initiated from scratch. I know several candidates under full-time H1B Employment, mostly from MNCs wait for 5 Years and run after consulting companies to file a Green Card. Please ensure you allow enough time for the process to occur as this could be beyond the control of your H1B Employer and/or the Attorney. There is no way to extend beyond 6 years if your Green Card process has not been initiated. You will have to leave the United States and wait for 1 year before applying for a new H1B under Annual Quota to reset the time. With the H1B lottery process, there is no guarantee that your H1B will be picked in coming years!
      What is an H1B Visa Extension beyond the 6 Years?
      There is a provision in the Immigration under the American Competitiveness in the Twenty-first Century Act (AC21) to extend your H1B Visa beyond six years in either 1 year or 3-year increments. 
      How do I calculate 6 Years on H1B?
      You will complete 6 years on an H1B when you calculate the time you lived in the USA on an H1B, you do not have to calculate the days spent outside the United States.
      Example: You have been on an H1B for 7 Years, but spent 14 Months outside the United States under several trips. The time spent in the USA of 4 Years 8 Months is counted towards 6 Years!
      What is the eligibility criteria?
      H1B Extension in the Increments of 1 year. Based on Pending or Approved PERM Labor Certification, your H1B visa can be extended for 1 Year and in the multiples of 1 year thereafter  provided your Green Card PERM Labor Certification should be pending for 365 days or more, to qualify for H1B Extension.
      H1B Extension in the Increments of 3 years. Based on approved I-140 (Second Step in GC Process), you may qualify for H1B Extensions in multiples of 3 Years provided there are no Green Card Visa Numbers are NOT available for the country of your birth.
      Quick FAQs
      My PERM got recently approved after 365 Days, but my employer has not filed the I-140, can I use the approved PERM to file an H1B Extension for 1 year?
      Yes, you can use an approved PERM to file the H1B Extension, please note that the PERM filing date must over 365 days ago.
      My PERM labor is under Audit, and it is more than 365 Days since filing the PERM, can I use the PERM under audit to file an H1B Extension for 1 year?
      Yes. The PERM under Audit can be used if 365 Days have passed. If the PERM is under Audit, please ensure the employer responds to the Audit. If it gets denied during the H1B Extension process, you may land in trouble.
      My PERM labor is with Employer A (Pending or in Audit for over 365 Days) and I am planning to file an H1B Extension with Employer B, please let me know if that is possible?
      Yes, you may use the pending PERM Labor with Employer B to file an H1B extension, please note that if you move to Employer B and Employer A may withdraw your PERM.
      My I-140 is approved with Employer A and I am planning to file H1B Extension with Employer B, please let me know if that is possible?
      Yes, possible. You may use the Approved I-140 file an H1B Extension with another Employer. There are no regulations stating that it needs to be the same employer.
      I am overseas, can I use my PERM or I-140 to file an Extension?
      Yes, you can take advantage of this regulation to extend the H1B beyond 6 years!
      What is the H1B/I-129 process involved in filing an H1B Extension beyond 6 Years and relevant documentation?
      The H1B Extension will be filed as usual as your H1B Extension was filed in the past including an H1B Transfer. However, on page 21 of I-129 petitions "H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement", your H1B Employer/Attorney will have to Check 3. Numerical Limitation Information "Box g" 
      The beneficiary of this petition has been counted against the cap and: (1) was previously granted status as an H-1B nonimmigrant in the past 6 years, (2) is applying from abroad to reclaim the remaining portion of the 6 years, or (3) is seeking an extension beyond the 6-year limitation based upon sections 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

      What documents are required to support the H1B Petition?
      Using Pending PERM for over 365 Days
      A Screenshot from USDOL System https://www.plc.doleta.gov/ along with a copy of the pending PERM application or a letter that was received from USDOL if there was an audit.

      Using Approved I-140
      A copy of the I-140 Approval Notice. A screenshot from USCIS case status system without your name may not be acceptable.
      Tip: Please ensure that you get into the GC Process as soon as possible, if you plan last minute say in the 5th or 6th year, you may be a risking your H1B and may have to leave the country!
      #H1B-extension-7-years, #PERM-pending-h1b
    • By Admin in H1B Visas
         0
      H1B Visa Transfer, Cost of H1B Transfer, H1B Transfer Documents Checklist, H1B Transfer Process, H1B RFEs, H1B Employer-Employee relationship, H1B Amendments, Risks with H1B Transfers, H1B Client Letters

      What is an H1B Visa Transfer?

      H1B Transfer is moving your existing H1B visa from one H1B Employer to another H1 Employer. In fact, H1 visa transfer is a term used for our convenience. The new H1B Employer will file a new H1B as an H1B extension of stay for H1B visa holders in the United States and Consular Processing for candidates overseas. The process is similar to filing your H1B the first time and may require full fee payment to USCIS if you are moving to a new H1B Employer. The advantage is you are not subject to H1B annual cap/quota, and you don’t have to wait until April of the following year. This provision is commonly known as H1B Cap-exempt.

      An H1B Transfer is possible to another H1 Employer if you are presently in H1B status or you were granted an H1B, H1B Visa or H1B status in the past. If you are in the United States in a different status, but you had an H1B in the past, you can still transfer your H1B visa. If you are presently in H1B Visa Status and transferring your H1B to another Employer in the United States, it is very important to note that you must show proof that you are maintaining valid status, your recent pay stubs will determine your active H1B Status from your present or previous Employer.

      If the new H1B Employer is a consulting company, they are required to show proof of a project confirmation to USCIS from a client/vendor or a viable in-house project to transfer your H1B.

      I will attempt to discuss various situations and provide examples, based on my 16 years of experience working with H1B visas and from my research on the Internet forums, people have asked a variety of Questions related to H1B Transfers, Cost of H1B Transfer, H1B Transfer Documents Checklist, H1B Transfer Process, etc.,

      Before we begin - Quick FAQs

      When can I begin working with the new Employer?

      Under AC 21, H1B Portability Regulations; you may begin working for the new H1B Employer as soon as you receive an H1B Receipt Notice and you don’t have to wait for an H1B Approval.

      I am in the 7th year extension using an approved I-140, can I still transfer my H1B to a new Employer?

      Yes, you may transfer your H1B using the I-140 approval from your previous employer. However, please ensure that the new Employer initiates a PERM and ports the I-140 upon PERM approval to continue your Green Card Process

      What are the common factors for an H1B Candidate to Transfer H1B Visas?
      It is possible that you fall under the list outlined below, and you are not aware of the fact that you need to move on, please read!

      H1B Candidates move to other employers for various reasons as outlined below:
      An H1B candidate has received a full-time opportunity with a Fortune 500/1000 Company, and the Company is willing to sponsor H1B visa and hire the H1B worker on a full-time basis
      An H1B candidate is already an employee of a large Company or a large MNC working full-time and wants to move out for a better salary and a green card process
      Please note that moving from full-time employment from a large public/commercial employer OR MNC to Consulting Employers has several benefits along with potential Risks!

      I am thinking of moving to an IT Consulting Employer. should I Transfer my H1B?

      Well, it depends on your personal and/or professional situation. There are various factors you should consider before making a move to a new H1B Employer. Please see if your situation matches any of the items listed below and then make a wise decision.

      Why Most H1B Candidates working with IT Consulting Employers transfer H1B Visa?

      Most Common Situations
       
      The employer pays the same salary from day one even after working for several months or years The employer retains a high ratio of bill rate paid by the Vendor or Client The employer does not provide significant benefits like Health Insurance The employer pays salary very late or pays only upon receiving payments from the Vendor or Client The employer never answers phone calls and even in an Emergency The employer is not established or not an American Owned Company (no security)  The employer has no direct clients or Vendor Network or cannot find a project by marketing resume when the current project ends The employer will not provide copies/information on vital documents like H1B, PERM, I-140, etc. The employer is very slow with the Immigration process The employer has legal issues with government agencies (USCIS, USDOL, IRS, and closing down the business) Candidate wants to upgrade the Green Card Process from EB3 to EB2 Category as the present H1B Employer has filed a Green Card PERM labor under an EB3 category The employer does not provide GC sponsorship at all
      Advantages and Benefits of H1B Transfers to IT Consulting/Staffing Employers
       
      More exposure to the market and the ability to learn newer Technologies. Of course, free training on new Software(s)/Tools from Clients  Ability to work for various large clients/projects of your choice – You are the Boss! A rise in income of at least 20% to 40% Green Card process security as IT Consulting Employers do not halt/revoke the process just because your project has ended When a Project ends, you will move to another Project and no risk with the Immigration Process including H1B and Green Card It is essential to note that there is no significant benefit of being a full-time employee of a large company. In my opinion, your career is NOT SECURED. The day they lay you off, they cancel your H1B and Green Card and ask you to leave the country immediately. What we have seen many cases where the H1B employment is terminated after 5 to 6 years of Employment and H1B workers had to leave the country.  The Good News in America – Either you work for a large company/MNC or a small IT Consulting Company; you will be exposed to large projects, H1B/GC will always come from the Government and Health Insurance, and other benefits are covered by external service providers like Aetna, BCBS, and United Healthcare, etc.
      If you are planning to transfer your H1B to an IT Consulting Company, please ensure you work with an Established IT Consulting Employer, who works with Direct clients or Tier1/Preferred Vendors, pays on-time and do not require a fee for the Immigration Process.

      Risks and Threats of H1B Transfer to IT Consulting/Staffing Employers
       
      With Immigration and job market, there are no guarantees that the H1B transfer with a new job/project will be a smooth sail! The USCIS can deny your H1B Transfer for several reasons, and you may be out-of-status Your new H1B Employer may turn out to be worse (Known devils are better than unknown Angels!) You may be fired or terminated from the new project on a Friday! If you have an approved I-140 (GC) from the previous employer, you may risk losing it. You may risk losing any bonus or benefits due to your present employer. Your employer may not provide an experience letter and may not cooperate if you need any documentation for a Green Card process.
      Other Major Risk Factors/Issues

      H1B Client, Employer-Employee Relationship Memo

      It would be very challenging for H1B Employers to demonstrate that they will maintain H1B Employer-Employee Relationship during the H1B Employment. The major problem is with EVC (Employer-Vendor-Client) and more trouble with the ELVC (Employer-Layer-Vendor-Client) Models.

      USCIS often requests a letter from the end-client requesting job duties, location of work, educational requirements and most importantly.

      “The H1B Employer Controls your Employment with hire/fire abilities” This is your H1B employer and NOT the Tier 1 Vendor.

      “We have seen RFEs requesting Client letters for even consulting companies who have direct clients.”

      When you work at a third-party client (end-client); USCIS may require exhaustive documentation to support the H1B Employer-Employee Relationship regulations.

      It is essential to ask the new H1B Employer about their best practices geared toward H1B Employer-Employee Relationship regulations. (Applies to IT Consulting Employers)

      Documents that may support a Client Letter RFE when a Client Letter is not available. These documents do not guarantee approval; it all depends on how your H1B Employer/Attorney responds to the RFE and explain that none of the papers submitted will end up creating an Employer-Employee Relationship between you and Client or Vendor.
       
      A letter from Vendor with Client Location, Job Title, Duration, Job Duties, Educational Requirements. This letter should also state that "As a policy, the client will not issue a verification letter to H1B contractors for Immigration Purposes." A copy of the SOW between vendor and client All (even if 1000 pages) emails exchanged between you and client during your project since you started (if you are already on the project) Phone Number, Email of the Client Manager on Cover Letter Your ID from the Client site Copy of the Weekly Reports (This is Internal between you and your H1B Employer since you began working to establish an Employer-Employee Relationship) Health Insurance Cards, Paystubs, Performance Review Process, Organizational Chart showing your position with the H1B Employer. Copy of the Contract/MSA and Purchase order between your H1B Employer and Vendor Recent updates and mandatory H1B Amendments

      Please ensure that your new H1B Employer complies with the H1B Amendment regulations while filing new LCAs and amending the H1B from time-to-time when there is a Material change with the H1B employment. Unfortunately, most employers have somewhat complied by filing LCAs but not filing H1B Amendments. If your Employer is not amending the H1B when there is a change, you may get into trouble or go out of status while working at a work site not authorized by USDOL/USCIS – THIS IS VERY IMPORTANT.

      Official Information

      When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is, therefore, a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA. This precedent decision represents the USCIS position that employers are required to submit an amended petition before placing an H-1B employee at a new worksite. USCIS will accept comments on the below draft guidance for a limited period.

      When You Must File an H1B Amendment?

      You must file an amended H-1B petition if your H-1B employee changed or is going to change his or her place of employment to a worksite location outside of the metropolitan statistical area (MSA) or an “area of intended employment” (as defined at 20 CFR 655.715) covered by the existing approved H-1B petition, even if a new LCA is already certified and posted at the new location.

      Note: Once you file the amended petition, your H-1B employee can immediately begin to work at the new location. You do not have to wait for a final decision on the amended petition for your H-1B employee to start work at the new site.

      When You Do Not Need to File H1B Amendment?

      A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC.

      Short term placements: Under certain circumstances, you may place an H-1B employee at a new job location for up to 30 days, and in some cases 60 days (where the employee is still based at the original location), without obtaining a new LCA. See 20 CFR 655.735. In these situations, you do not need to file an amended H-1B petition.

      Non-worksite locations: If your H-1B employee is only going to a non-worksite location, you do not need to file an amended H-1B petition. A location is considered to be “non-worksite” if:

      The H-1B employees are going to a place to participate in employee developmental activity, such as management conferences and staff seminars;

      The H-1B employees spend little time at any one location; or

      The job is “peripatetic in nature,” such as situations where their primary job is at one location but they occasionally travel for short periods to other locations “on a casual, short-term basis, which can be recurring but not excessive (i.e., not exceeding five consecutive workdays for anyone visit by a peripatetic worker, or 10 consecutive workdays for anyone visit by a worker who spends most work time at one location and travels occasionally to other locations).” See 20 CFR 655.715.

      Please point the following Questions to your Potential H1B Employer!

      Please do thorough research on the H1B Employer before you make a move!

      I am surprised to note that most H1B Consultants research on “How many H1Bs filed” “Number of Green Cards Filed” etc. I have discussed these items later in this Article.

      You must research the Company’s background including owners if they are US Citizens and Company’s standing!

      If they are active in IT Consulting and IT Staffing business, I am sure they will be posting a lot of IT Jobs on the Internet.
      Check on www.dice.com (Dice is expensive for Employer subscription, only serious employers with Clients get a subscription) Check on www.indeed.com or www.simplyhired.com by searching with Quotations “ABC Company.” Check www.google.com by searching “ABC Company Jobs.” Check ABCCompany website to understand services offerings and jobs. You may also check company website traffic on www.alexa.com  Ask for active Employee References! Get at least two references and discuss with Active Employees.  If possible, research amongst friends.  Ask questions about Resume Marketing Strengths! It is essential that the H1B Employer have Clients and a Good Tier1 Vendor Network including a Good and experienced Bench sales team to provide project placements. Most consulting Employers are a one-person show and do not have any marketing abilities, and you may be required to find projects on your own.

      Ask about payroll!

      Getting specific dates for payroll is essential. Unfortunately, most IT consulting employers pay when they get paid! Hey, you need to pay bills, and it should not be your problem as to when they will get paid.

      Fixed Salary Vs. Split/Percentage

      If you agree on a Fixed Salary or Percentage, please ensure that the gross salary (including hourly rate) is listed on the offer letter, please ensure that your gross salary will be as it is listed on the offer letter to avoid surprises. Please also ensure that the offer letter specifies that you will get paid for any overtime.

      If you will accept fixed salary/full-time, please ensure or agree on what happens during holidays and paid vacations (usually two weeks)

      Examples: If your pay rate is $50.00/Hr and you work for 80 Hours, your gross should be $4000.00 on your paycheck

      Health Insurance and other benefits

      It is imperative to maintain the right Health Insurance in the United States. Please get more information about Medical Insurance by asking the following Questions.
       
      Does it cover dental and vision? What is the co-pay (Usually $20-$30)? What are the deductibles? What are the Emergency room charges? This is very important as most H1B holders get surprises during Maternity for self (Of course, for a female H1B Worker) or Spouses.

      Who pays for Health Insurance?

      If you are going to work on a fixed salary, it’s always better to ask the Employer to cover 100% of the Health Insurance cost as this may be variable each year!

      Most Percentage wise employment has deductions for insurance on paychecks, please ensure that the deduction is for the Actual amount paid to the Insurance carrier, and it’s a PRE-TAX deduction, you don’t pay taxes on Health Insurance expenses. Please note that Insurance companies send premium bills in advance to your Employer and each month, so be careful with the calculations!

      Ask about Relocation Expenses
      If you have to relocate to different locations between projects, you may have to spend a lot of money to relocate, especially if you are with a family. If you are going to work on a salary basis, please ensure you get the relocation information and the amount.

      Per-Diem Expenses

      If you will travel to client sites and will work in a different state other than your home state and travel back every week, you may be eligible to receive per-diem expenses. If you will NOT move and work and reside in the same state, I suggest that you avoid unnecessary per-diem expense reimbursements, you may even get into trouble with the IRS or state agencies after several years to pay huge penalties and interests if the Per-diems received that were not legitimate! Please respect US Laws and be Happy!

      What is the process in place to maintain the H1B Employer-Employee Relationship?

      It is essential that they provide benefits like Health Insurance, Paid Vacations, Performance Review Process, provide computers/software and provide on-site/off-site supervision while obtaining/evaluating weekly reports during your H1B Employment to maintain a healthy H1B Employer-Employee Relationship

      How do they handle RFEs if a Client letter is not available?

      Are there any Methods in place to support RFEs from USCIS requesting Client letters including documentation they will use instead of a Client Letter? Do they use a Qualified Immigration Attorney?

      Ask about H1B Visa Stamping and their experience with US Consulate documentation.

      You may be required to stamp your H1B visa, or if you get married (if not already), you may need employer assistance for H1B/H4 Visa Stamping, please discuss with the H1B Employer for a future Visa stamping requirements.

      USDOL Audits (Very Important)

      Ask if the USDOL ever audited the employer for non-compliance or complaints from H1B Employees. I would ask them to send an email confirming “USDOL did not audit our Company. If audited, we are in good standing.”

      A USDOL audit does not mean that the company is in trouble. Sometimes, there are random audits, and the H1B employer may be in good standing.

      Payroll by companies like ADP or Paychex

      Ask who processes the payroll, if the payroll is handled by large providers like ADP and Paychex, all withholding taxes are remitted automatically. If handled internally by a CPA or Quick Books, it is possible that they may not deposit withholding taxes on time.

      How does it matter to me if H1B Employer does not pay taxes?

      IRS or State Agencies may run after you in the future (Rare occasion)
      You will lose your SS and Medicare Deposits if the employer has not paid taxes
      Good Standing Certificate from the State of incorporation

      If the company is in good standing, state governments issue a “Good Standing Certificate” or “Certificate of Clean Hands”. It is a good idea to ask for a copy from the last 3-6 months. If your Employer is in Good Standing, they should be able to share a copy.

      Active Liability Insurance, Worker’s Compensation, and Limits

      Liability Insurance will cover any damages you will cause to client systems or software
      Workers’ Compensation covers you from any injury that occurs at work site
      Employers are required to carry Liability Insurance, Worker’s Compensation with reasonable limits. All most all Clients and Vendors require good coverage of up to $5 Million. Check to see if they carry higher limits under their company name.

      Ask about the Green Card Process

      Please ensure your new H1B Employer will sponsor a Green card (Immediately) so that you will retain a priority date and use the I-140 Approval (Second step in GC process) to extend H1B beyond the congressionally mandate 6-year limit. To get an I-140 approval, it takes at least one year from the day they initiate the process.

      Please do not waste time researching on the Internet as to how many Green Cards the employer has filed vs. approvals. If they have filed several GCs, they may be experienced, it does not mean that all the GCs will be approved (PERM/I-140)

      Lesser the number of GCs filed by the employer; the chances of approval are higher. The same rule also applies to the H1B process.

      However, employers with a good turnover of at least $10 Million and with US Citizens and Green Card Holders on the payroll are not likely to get into trouble with H1B/GC process (In other words – Non-H1B Dependent Employers)

      Here are the major factors to get a successful PERM and I-140 Approval(s)

      PERM – Job Order, Experience, Education along with proper efforts for Recruitment of US Workers!
      I-140 – Ability to Pay, Documentation as listed on the PERM application 
      I will post another detailed article explaining the PERM and GC process; please stay tuned, Follow us at https://facebook.com/H1Transfer

      When is a good time to initiate the GC Process?

      Immediately. However, it best to get a GC process initiated while you are in under four years of your H1B. If you begin in the 6th year of H1B and should something go wrong with the GC process, you may have to leave the United States.

      Immigration-Related Expenses

      You must have a clear picture related to Immigration Expenses. Under normal circumstances, employers always pay for H1B and GC related expenses including any Attorney Fees. Most employers require candidates to pay the Premium Processing Fee as USCIS accepts a check from the candidate (you) when made out to “Department of Homeland Security.”

      It is a good idea to discuss these expenses to avoid any surprise deductions from paychecks. I would ask the H1B Employer to send me a written confirmation about these expenses and fees.

      Let’s discuss the H1B Visa Transfer process with Quick FAQs.

      What is the documentation process involved in filing the H1B Visa Transfer petition?

      Upon receiving a job offer from your prospective H1B Employer, you will have to gather all your documents. This is more than the way you gathered papers when you filed the H1B for the first time.

      What documents am I required to gather H1B visa Transfer? - H1B transfer document checklist!
      Candidates Presently in the United States
       
      Photo ID/Driver License (Employers may require for Everify once you join them) All Passports, all pages. Latest I-94 from the I-94 Retrieval System Degree Certificate and Transcripts Copies of all I-797s (H1Bs, L1s, H4s, F1s as appropriate) Educational Evaluation. (Foreign Equivalency Credentials Evaluation for overseas education –Mention H1BSupport.com and get a discount) Entry & Exit Details (H1 and L1 as appropriate) Experience / Reference Letters Resume Last 3 Pay statements  SS Card (if applicable) Copy of I-140 (if applicable) Candidates applying from Overseas
       
      All Passports, all pages. Degree Certificate and Transcripts Experience / Reference Letters Resume Copy of previous H1B Approval  Check this Article if you don’t have a copy (Read end of the Article). H1B FOIA Request to Obtain Copies of Immigration Records

      I am married, what about the Documents for my spouse and children for H4 Visa and what is the fee?

      Spouse

      All Passports, all pages.
      Latest I-94 the I-94 Retrieval System
      Marriage Certificate

      Children

      All Passports, all pages.
      Latest I-94 (Front and Back) or screenshot from the I-94 Retrieval System
      Birth Certificate(s)
      If the H4s have a longer validity, you don’t have to file H4 as H4 is NOT employer dependent.

      “Dumbest thing to mention here! If your child was born in the United States, an H4 petition is not required as he/she is already a US Citizen.”

      What is the documentation process involved in filing the H1B Visa Transfer petition?

      Get a job offer from a new H1B Employer for H1B Visa Transfer
      Employer creates a Notice of posting and posts a job on Employer website, job boards, and State websites as a part of the good faith recruitment efforts.
      Employer initiates LCA (Labor Condition Application) with the USDOL (Time Frame: 7 Days)
      Please read this Article for More Information How an LCA is filed for a New H1B and H1B Visa Transfer?

      Employer posts an LCA filing notice for ten consecutive days at a conspicuous location at the place of employment
      Employer creates a Public Access file and posts LCA at the employment/work location
      Employer obtains necessary documents from Client/Vendor and you.
      Employer/Attorney prepares H1B (I-129 Petition) Sample I-129 
      An employer also arranges form I-907 for Premium Processing Sample I-907
      Employer/Attorney will mail the H1B package to the appropriate service center based on the location of work (California Service Center or Vermont Service Center of USCIS) 
      What happens after the parcel reaches USCIS?

      If your Employer sent the H1B package with correct fee and signatures on all required I-129 Forms including LCA, USCIS would accept the H1B Transfer Petition for processing and…

      Premium Processing: USCIS will email a receipt notice to H1B Employer/Attorney followed by a Physical Receipt

      Regular Processing: USCIS will post/mail a Physical Receipt to H1B Employer/Attorney. USCIS does not send an email for H1B petitions filed under Regular Processing.

      What is the processing time frame for H1B Transfer to my new Employer?

      It depends on how your new H1B Employer files the petition, USCIS offers regular processing and Premium processing.

      Regular Processing Time Frame: 1 Month to 6 Months (Maybe longer if there is an RFE – Request for Evidence)

      Premium Processing Time Frame: 15 Calendar days (Yes, count Saturdays, Sundays and any other Federal Holidays). The 15-day period may reset if the USCIS has sent an RFE (Request for Evidence). The 15-day clock will reset from the day USCIS receives a response to the H1B Request for Evidence

      Please note the following:

      It is essential to obtain a copy of the H1B receipt notice for your records; you may sign up on the USCIS website to get text/email Alerts for your case.

      How to get Email and Text Alerts for your petition with USCIS

      More Frequently Asked Questions

      My H1B Transfer Case was filed under Regular Processing; can I upgrade to Premium Processing?

      Yes, please read this Article for more information with Various Scenarios and FAQs How to upgrade H1B from Regular Processing to H1B Premium Processing with FAQs

      When can I begin working with the new Employer?

      Under AC 21, H1B Portability Regulations; you may begin working for the new H1B Employer as soon as you receive an H1B Receipt Notice and you don’t have to wait for an H1B Approval

      I'm planning H1 transfer to a new company. My last pay stub is from March (since then, I have been on leave, partly for medical reasons). My employment has not been terminated. Can I safely transfer to a new company?

      Yes, why not. That's perfectly legal. You may go on Vacation, leave without being paid. As long as you maintain a relationship with your Employer by sending a written request and your employer approves the same.

      Who has to pay h1b related fees? Employer or employee? Can an employee pay this fee?

      The employer always pays the Fee; you may pay the premium processing fee!

      My employer has hired me as a full-time employee. It says so on the offer letter. But on the H1B I-129 application, they have written 'part time' employee working for 25 hours a week. Even the LCA says part-time in the papers. Will this be an issue when I go to get the visa stamping? Also, this is the only project that I got as of now. So, is there a minimum number of hrs., I need to work while on H1? Are 25 hours legally approved?

      You may need an offer letter as Part-Time. There is no limit of work hours under FLSA (Fair Labor Standards Act). You should not have any problems at Consulate if you are working 25 Hours and it's perfectly legal.

      My H1 transfer to another company is approved. Now, I don't like to move from present employer, though my H1 has been transferred, can I continue with my current Employer?

      You may continue to work with your present Employer even though H1 transfer has been approved. You may inform the other Employer that you will not be accepting the transfer due to personal reasons. You may continue to work for your present employer as long as you have not reported for work with the new employer that applied for your h1-b visa transfer.

      I am holding an H1B visa from a Non-Profit Employer. I have a job from a FOR-PROFIT Employer, am I considered into the quota?

      It depends - If you got your previous H1B under non-profit quota (there is no quota actually), you are subject to quota when a for-profit company files your h1b. Please check with your present employer, if they filed when the regular quota lapsed.

      Please read this Article for More Information Good News for Non-profit Cap Exempt H1Bs who filed cap-subject H1Bs

      Is it possible to apply for an H1 transfer (w/ I-94 extended without going to home country) to your company using present receipt notice while the extension is in progress? Or I have to wait for my extension approval to do the H1 transfer (w/ I-94 extended)?

      Yes. H1B Transfer can be processed with the Receipt Notice, using that as a Bridge. You can get an I-94 extended; you may not have to go to the home country.

      Conclusion: It is always in your best interest do thorough research on the H1B Employer and job market before you decide to transfer your H1B.

      If you are planning to transfer your H1B or recently transferred your H1B, please post your suggestions, recommendations, experiences by commenting below. Please also comment if you disagree or agree with any information on this Article or you expect me to expand on a section.

      Copyrighted Material - Copying and redistribution prohibited!

      #H1BTransfer, #H1BVisaTransfer
    • By US Visa Stamping in Mexico in H1B RFEs
         1
      Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions.
              
      RFE Discussions group: https://www.facebook.com/groups/rfediscussions
      H1B Extension or Transfer Denied (To know next steps):      https://www.facebook.com/groups/h1bextensiontransferdenied/
      1. Specialty Occupation :
      The petitioner did not establish that the position qualifies as a specialty occupation as defined in section 214(i)(1) of the Act and 8 CFR 214.2(h)(4)(ii) and/or that it meets at least one of the four criteria in 8 CFR 214.2(h)(4)(iii).
      2. Employer-Employee Relationship :
      The petitioner did not establish that they had a valid employer-employee relationship with the beneficiary, by having the right to control the beneficiary’s work, which may include the ability to hire, fire, or supervise the beneficiary, for the duration of the requested validity period.
      3. Availability of Work (Off-site) :
      The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition.
      4. Beneficiary Qualifications:
       The petitioner did not establish that the beneficiary was qualified to perform services in a specialty occupation per 8 CFR 214.2(h)(4)(iii)(C).
      5. Maintenance of Status:
       The petitioner did not establish that the beneficiary properly maintained their current status. This category is reflective of many different reasons that status may not have been maintained.
      6. Availability of Work (In-house): The petitioner did not establish that they have specific and non-speculative qualifying assignments in a specialty occupation for the beneficiary for the entire time requested in the petition.
      7. LCA Corresponds to Petition :
       The petitioner did not establish that they obtained a properly certified Labor Condition Application (LCA) and that this LCA properly corresponds to the proffered position and terms of the petition.
      8. AC21 and Six Year Limit : 
      The petitioner did not establish that the beneficiary was eligible for AC21 benefits or was otherwise eligible for an H-1B extension as it appeared that H-1B had hit the six-year limit.
      9. Itinerary :
      The petitioner did not meet the itinerary requirement at 8 CFR 214.2(h)(2)(i)(B), which requires petitioners to submit an itinerary with a petition that requires services to be performed in more than one location. The itinerary must include the dates and locations of services to be provided.
      10. Fees :
      The petitioner did not establish that they paid all required H-1B filing fees.
    • By Admin in H1B Visas
         0
      If you have traveled to the USA and If you were previously counted under H1B Annual Cap and you have and not utilized the entire 6 years of H1B stay, you can file a cap-exempt H1B petition at any time to recapture the remaining time on H1B. 
      What is cap-exempt H1B?
      If you were “GRANTED” an H1B in the last 6 years, you may file a new H1B under cap-exemption. In other words, you are not subject to the annual cap, a new or the same Employer can file an H1B like an H1B Transfer.
      What do you mean by granted in the last 6 years?
      It is not clear what implies GRANTED. It could be the date of approval or the date of expiry. However, our research indicated that you can still count from the date of expiry. Few H1B Employers and Attorney websites have also confirmed that if someone had a valid H1B within the last 6 years, you may still use it under cap-exempt H1B filing. If you were previously counted under H1B Annual Cap and you have and not utilized the entire 6 years of H1B stay, you can file a cap-exempt H1B petition at any time to recapture the remainder time on H1B. 
      However, a memo from USCIS's Associate Director Michael Aytes, says the following:
      "There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either (1) to be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted or (2) seek to be admitted as a “new” H-1B alien subject to the H-1B cap.
      FAQs
      I have an H1B approved in the year 2012, I worked in the US for 2 years, am I cap exempt?
      Yes, you are eligible to file under cap-exempt status, as your H1B was approved in 2010 and it is within the last 6 years. You will have 4 more years on H1B.
      I have spent over 1 year out of the country, am I eligible to get 6 years on cap-exempt H1B?
      No, when you are using a cap-exempt H1B, you can only recapture the remainder of the time left on your H1B.
      My H1B was approved in 2012 and expired in 2013, am I cap exempt?
      Yes. Please show proper evidence to USCIS
      I am overseas, I have NOT traveled to the US, both my H1B I-797 and H1B visa stamping expired, am I still eligible?
      Yes, you are eligible as long as you meet the 6 Year requirement.
      If I file under cap-exempt, do I have to wait until October 01 to begin employment?
      No, it depends on the employment start date your Employer requests on the I-129 petition. Start date of October, 01 applies to Cap-subject H1B petitions.
      My H1B was approved in 2012, I have never stamped or traveled to the US, am I eligible for cap-exemption?
      Yes, you are eligible for cap-exemption
      I have a valid H1B visa stamp, I have not traveled to the US, if I get a new H1B do I have to stamp again?
      Yes, if you have not traveled, you must stamp again.
      My Previous H1B Employer canceled the H1B, am I still eligible?
      Yes, even if your previous H1B was canceled by the previous Employer. However, please note that the H1B may not be eligible for cap-exemption, if it was canceled prior to H1B effective date of October 01.
      What documents do I need to send to my new Employer to file under H1B cap exemption?
      Usually, a copy of the I-797 a notice or a Receipt notice, along with other H1B filing documents, if you are sending a Receipt Notice, please make sure your H1B was approved by checking the case status at USCIS.GOV
      I do not have copies of H1B approval or receipt, any solution?
      If you have the receipt number, you may check status at uscis.gov and send a screenshot. The online case status systems do not provide your name and you want to ensure it is your receipt number. It’s better to obtain copies of your documents under FOIA request directly from the USCIS.
      What is an FOIA request?
      FOIR is the USCIS Freedom of Information Request, you may request USCIS to send you copies of documents filed. They will send you a copy of the I-129 petition which has your receipt number and approval stamped on it.
      How do I submit an FOIA request?
      You may write a letter with your Name, passport number and case type. Please use a United States address as the report is being sent in a Compact Disc. You can mail or fax NOIA request for USCIS records, including alien files and procurement information, to the National Records Center. 
      U.S. Citizenship and Immigration Services 
      National Records Center, FOIA/PA Office 
      P. O. Box 648010 
      Lee’s Summit, MO 64064-8010 
      Live Assistance: 1-800-375-5283 
      Fax (802) 288-1793 or (816) 350-5785 
      uscis.foia@dhs.gov
      Alternatively, you may file FORM G-639 and it is not required DOWNLOAD. The form may be Mailed, emailed or faxed. However, emailing did not yield a good response based on our recent experience.
      How long does it take to obtain records?
      USCIS takes anywhere between 1-3 months to process your request, so plan right away
      I am not in the United States, can I still submit a request?
      Yes, it’s better to use a local US address of a friend or relative or even your new employer.
    • By Hire IT People, Inc in Immigration News
         0
      USCIS is now offering digital Delivery of FOIA Document Requests. You simply create an account to request copies of Immigration Documents. Check out the new digital delivery for FOIA requests! Sign up for a free USCIS online account and receive your FOIA response electronically https://myaccount.uscis.dhs.gov/
       
      More Information on FOIA Request and a Sample letter if you choose not to file Electronically!
       
    • By Sheila Danzig in H1B Visas
         0
      USCIS has completed selecting the 85,000 H-1B petitions to be adjudicated for approval for cap-subject petitions for FY 2020. 
      Those selected that filed for premium processing may begin receiving notice this week as to their approval status with the anticipated date of completion set on June 4th.  Case adjudication for those who did not file under premium processing will begin early to mid-June and often takes months.  Last year, adjudication for FY 2019 – which began October 1st, 2018 – extended into the 2019 calendar year.
      If you are unsure of whether or not your case was selected, check the account activity on the account of the check written for the H-1B processing fee.  If it has been cashed, your case was selected in the lottery.
      When a notice arrives of the status of the case, do not be alarmed if you receive an RFE or Denial.  This is NOT the end of the road.  Over the past few years, the prevalence of H-1B RFEs spiked, especially for beneficiaries working entry-level positions, working as computer programmers, and working at wage level one.  This year, USCIS adjudicators have been given the authority and encouragement to deny petitions outright without first issuing an RFE.  This may lead to a spike in Denials instead of RFEs.  Either way, they are possible to overturn and get the visa approved in time to get to work for FY 2020.
      If you expect an RFE or Denial is coming this H-1B adjudication season, you can better prepare to defend your case or your employee or client’s case.  You will need a detailed credential evaluation that takes the job, the visa, USCIS approval trends, and any issues found in the case into consideration.  You will also need documentation that details the demands, duties, tasks, and responsibilities of the job, and a detailed breakdown of employer and industry hiring practices with regards to minimum qualifications for the position in question.  Finally, you will need an expert who works IN THE FIELD rather than just teaches it to write an opinion letter that ties the evidence you have provided together.  First and foremost, however, you will need to take an honest look at your case, or your employee or client’s case and identify what might attract scrutiny by USCIS that could result in a visa Denial.
      At TheDegreePeople.com, we work with RFEs and Denials every year.  We understand what triggers them and we know how to successfully respond to them.  For a free review of your case, or your employee or client’s case visit ccifree.com/.  We will get back to you in 48 hours or less.
       
    • By Hire IT People, Inc in Immigration News
         0
      May 22, 2019
      U.S. Citizenship and Immigration Services 
      You may file Form I-539, Application to Extend/Change Nonimmigrant Status, online if you are applying as a single applicant (without co-applicants, or legal or accredited representation) to extend your stay and you hold status as a:
      B-1 temporary visitor for business; B-2 temporary visitor for pleasure; F-1 academic student with a specific status expiration date; F-2 spouse or child of an academic student with a specific expiration date; M-1 vocational student; or M-2 spouse or child of an M-1 student. Filing online lets you:
      Get your application into our processing queue faster than mail delivery; and Communicate with us directly, without sending paper mail. F-2 and M-2 Nonimmigrants
      If you are in the U.S. with F-2 or M-2 nonimmigrant status and want to extend your stay, compare the expiration date of your status with your spouse or parent’s F-1 or M-1 status. If the expiration dates on both are:
      Different, you may apply online as an individual. The same, you may apply as a co-applicant using a paper Form I-539. You can confirm your online filing eligibility at uscis.gov/i539online. 
      Filing online helps you:
      Apply using a computer, phone, or tablet; Complete all relevant parts of your application; See when we receive your application; and Receive online updates on your case.
    • By Hire IT People, Inc in H1B Extensions
         0
      The H1B 240-Day rule is often confusing for many as to when to stop working, including possibilities and implications of switching H1B employers commonly known as an H1B Transfer, while the H1B extension is pending.  Many of you have already read the official 240-day rule on the Internet; we have compiled answers to many FAQs.
      FAQs
      How do I contact the USCIS if my H1B is pending for longer than the processing times listed on the USCIS website and over 210 days? (Nearing 240 Days?)
      Your employer or the attorney must contact the USCIS and open a Service request, you may not contact the USCIS as you are not the petitioner for the H1B/Form I-129 Petition. USCIS has provided guidance on this matter if the H1B adjudication is pending for over 210 days, see official here.
      I am planning to switch H1B Employers while my I-94 is valid and the new employer will file an H1B Extension.
      The 240-day rule does not apply to H1B Extensions/H1B Transfers with a new Employer. If you have transferred while the I-94 is valid, you will not be subject to 240-day rule even if the H1B is pending for longer than 240 Days and you can continue to work.
      I am in the 240-day stream after filing H1B extension with the same employer, and my I-94 has expired. Now, I am planning to switch H1B Employers.
      If your I-94 has expired, switching H1B Employers of no use. You will continue to be subject to the 240-Day rule even with the new employer from the day the I-94 has expired.
      I have completed 240 days from the day my I-94 has expired - What are my options/consequences?
      You may upgrade to premium processing to get an expedited response on your pending H1B Petition. If the H1B is under security checks, upgrading to premium is of no use. You must stop working immediately after 240 days and await a decision on your case. If approved, you may begin employment. You will not accrue unlawful status beyond 240 days until the USCIS decides on the case My employer has filed an H1B Amendment due to a change and followed by an H1B Extension my H1B/I-94 was expiring - How to calculate 240-days?
      You will count from the day the I-94 has expired. An H1B Amendment is not subject to the 240-day rule.
      My H1B is under security check, am I subject to the 240-day rule?
      Yes, you are subject to the 240-day rule when the H1B is pending beyond 240 days even based on a Security Check. Discussion about Security Checks
      My H1B is pending for more than 240-days after I-94 expiry, what happens to the H4 status?
      As mentioned earlier, your H4 dependents will not accrue unlawful status until the USCIS makes a decision on the H1B Petition (Adjudication)
      I have transferred my H1B to Company B after the expiry of the I-94 while the H1B Extension is pending with Company A. Now, Company A has withdrawn my H1B Extension, what’s my status?
      If the H1B Extension by Company was filed in time before it was withdrawn by Company A, you should be good as the previous extension acts as a bridge petition, please ensure you documents dates along with pay statements from Company A.
      I plan to travel after completing 240-days, what are the options?
      There is only one option. Await the approval of the H1B, if approved, get a visa stamped at a US Consulate.
      I have completed 240-days and I have stopped working, what about payroll/salary from my H1B Employer?
      Your employer is not required to pay your wages after the 240-days as you are technically not working for the employer
      My H1B is approved but approved as the year 2010 instead of 2020. It was a typographical error from the USCIS and my employer sent a letter to the USCIS. But, I am beyond the 240-days now.
      This is a rare occurrence, some H1Bs arrive with an expired date based on the employment/project documentation and it is NOT an error by the USCIS. In your case, it looks like it's an error. You must open a service request and/or attempt to get an appointment with a USCIS local office here.
      What happens to the Driver License renewal when I am in the 240-days or past 240-Days?
      This is a gray area to discuss as the Driver License renewal regulations are governed by each state, you must contact your local DMV.
      The 240-day work authorization extension provides for lawful presence, but not lawful status.  There have been attempts in the past to amend the REAL ID Act to address this and other related issues, but these efforts were unsuccessful.  As a result, several categories of immigrants -- not just temporary workers -- are disadvantaged by the statute's requirement that licenses be tied to lawful status rather than to lawful presence. Workers on a 240-day work authorization extension are provided only with a Form I-797C, the receipt for the filed extension-of-stay petition.  There has been little guidance as to how state DMV should treat that document.  The language on the I-797C makes it even more difficult to obtain DMV benefits because it explicitly states that the form doesn't grant any immigration status or benefit.
       
    • By Hire IT People, Inc in H4/EADs
         0
      There is a lot of chaos about the H4 EAD to be rescinded by the Administration. Although the Office of Management and Budget (OMB) is reviewing the rule, and it has been over 90 days, and the government has not made any decision yet.
      The news on the Internet is speculation and being reposted in by many websites. As of today, May 27, 2019, H4 EAD is still active.
      We have compiled FAQs so that you can decide on either to apply or not to apply for a new H4 EAD or an H4 EAD Renewal.
      FAQs
      I hear a lot of news on the web, forums, groups about the H4 EAD going away in a few days, is it true?
      The news is speculative and is not valid. As of today, May 27, 2019, H4 EAD is still active.
      I am planning to apply for the first time, can I still send an application?
      Yes, you can apply for an H4 EAD using the form I-765. USCIS continues to accept applications for H4 EAD work permits.
      After I file, what happens if I get a Receipt Notice and USCIS decides to rescind the H4 EAD Program?
      Your H4 EAD will continue to process as it was applied before the USCIS rescinds the H4 EAD program. If they decide to drop the program altogether, USCIS may be required to refund the filing fee.
      I am planning to renew my H4-EAD, can I renew?
      Yes, the answer is the same as above.
      My H4 EAD is valid for another 1 Year, what happens if the USCIS rescinds the H4-EAD program?
      It is unknown at this point. However, existing immigration benefits, like work permits continue to be valid.
      I am planning to travel after I file my H4 EAD, what will happen to the application?
      If you file while you are physically present in the Country, your H4 EAD will continue to process.
      Can I file while I am out of the USA?
      No. You must be in the USA to file an H4 EAD.
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