breddy2000
02-02 01:09 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address 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 that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address 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 that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
wallpaper house emo love buttons by
pitha
02-14 09:55 PM
My bad. Yes I did mix up some facts :o Its the house and sensenbrener who sat on CIR confrence after senate passed it on may 25 till september.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
rockstart
07-15 01:35 PM
The dates for H4 I 539 renewal are struck at 14th June 2007 where as most of people who filed their renewal's have already got it. These dates are meaningless.
2011 house emo love kissing. emo
quizzer
07-10 09:27 PM
http://murthy.com/ailf_lawsuit.html
more...
vgayalu
01-11 11:56 AM
Hi,
I am from Ann arbor- It is 40 miles away from Detroit.
If there is any chance to meet all of us at some place we can meet.
Let me know any actvities we need to do like Meeting Senate or House Representatives.
I can participate .
narendrapv@yahoo.com
I am from Ann arbor- It is 40 miles away from Detroit.
If there is any chance to meet all of us at some place we can meet.
Let me know any actvities we need to do like Meeting Senate or House Representatives.
I can participate .
narendrapv@yahoo.com
leo2606
12-26 11:38 PM
Is it mandatory to file AC21 with USCIS after moving to a new company?
If I move out to a new company before 180 days with the employer's co operation now and
If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?
If I move out to a new company before 180 days with the employer's co operation now and
If that employer cancel the I-140 in future (i.e after 180 days), will that have any impact on I-485?
more...
chi_shark
09-16 05:30 PM
dude, you are a president of a corporation (or at least some type of officer i am thinking) and you have time for all this crap! really, must be really slow for you... dont jump at me please.:)
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
2010 emo love kissing. emo kissing
sam_hoosier
12-15 09:40 PM
Hi to all,
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
Keep in mind that employer can revoke I-140 before your 180 days are up. If its just a question of a few weeks, why are you taking a chance ?
MY I 485 RD is August 14, 2007, 180 days rule will end on 10 Feb 2008.
I am planning to use AC21 on Jan 20th itself with three weeks vacation notice to current GC filing employer to go for Contract to Hire job.
Is it safe to do?
I do maintain good relationship with current employer.
But not sure, what will be his reaction after three vacation notice ends and he comes to know I have switched job.
Also my LC as Programmer Analyst, but the new job would be Database Administrator.
Is this will be issue?
Could you advise on these questions?
Thanks to all.
Mani
** Sponsor of two IV members to attend DC rally.
Keep in mind that employer can revoke I-140 before your 180 days are up. If its just a question of a few weeks, why are you taking a chance ?
more...
Dandruff
05-30 06:18 PM
pwned ... hehehe :D
hair emo love kissing. emo love
vbkris77
09-22 10:45 PM
Mr. President, pls. stop lip service.. Anti immigrants doesn't vote for you in 2012 even if you deport all 12 Million illegals and stop all immigration..
Get to know your friends..
Get to know your friends..
more...
gsc999
03-04 01:02 AM
Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :p
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :p
hot emo love kissing. emo love
axp817
08-19 10:09 AM
Background: Current AP expires on Oct 24 2010. I don't have the new AP yet, but I should have it soon, and I expect it to be valid from Oct 25 2010 - Oct 25 2011.
Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?
Thanks!
Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?
Thanks!
more...
house 2010 emo love kissing. lovei
sbvw76
12-19 11:41 AM
Hi Guys please help me
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
Initially my case status was like whatever you said..but I got the FP and done. Now the case status says bit more like
On September 18, 2007, a fingerprint fee biling notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was mailed to you stating the reasons for the billing and the instructions to follow to submit the necessary payment. Therefore, processing of your case is suspended until we receive the necessary payment along with the billing notice we mailed to you. If you have not received this notice within 30 days of the September 18, 2007, please call Customer Service at 1-800-375-5283 for further assistance.
Does anyone know in the same boat?
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
Initially my case status was like whatever you said..but I got the FP and done. Now the case status says bit more like
On September 18, 2007, a fingerprint fee biling notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was mailed to you stating the reasons for the billing and the instructions to follow to submit the necessary payment. Therefore, processing of your case is suspended until we receive the necessary payment along with the billing notice we mailed to you. If you have not received this notice within 30 days of the September 18, 2007, please call Customer Service at 1-800-375-5283 for further assistance.
Does anyone know in the same boat?
tattoo emo love kiss cartoon.
Dhundhun
07-16 02:19 PM
I expect to retrogress in Nov or Dec 2008. Logic, I have put forward in http://immigrationvoice.org/forum/showthread.php?p=263895#post263895
more...
pictures wallpaper emo kiss. Emo Love
av2004
05-30 11:30 PM
HateIV,
If you think donations are a requirement to be the members, I have not paid IV a dime so far. Donating is not the only way to help IV. For example there is a call campaign, where you can call and leave a message as a fellow future immigrant. You can help IV that way. Please note that we are all here to have our collective voice heard by the USCIS and the government so that the immigration processes can be expedited. A whole lot of others come here to pose questions for their tricky or troubled situations and get help from the experienced. It seems that all you need to have is a civil tongue to not be banned. Is that tough to do? Even on a public Web site like this? What other choice do you leave to the administrators if that is the case?
So, please be a good samaritan and try to help others if you can OR get help from others. Otherwise, I don't see a point in being a member here.
av2004
If you think donations are a requirement to be the members, I have not paid IV a dime so far. Donating is not the only way to help IV. For example there is a call campaign, where you can call and leave a message as a fellow future immigrant. You can help IV that way. Please note that we are all here to have our collective voice heard by the USCIS and the government so that the immigration processes can be expedited. A whole lot of others come here to pose questions for their tricky or troubled situations and get help from the experienced. It seems that all you need to have is a civil tongue to not be banned. Is that tough to do? Even on a public Web site like this? What other choice do you leave to the administrators if that is the case?
So, please be a good samaritan and try to help others if you can OR get help from others. Otherwise, I don't see a point in being a member here.
av2004
dresses EMO KISS, EMO LOVE
mrmr
10-16 05:15 PM
Hi folks
Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.
Thanks
Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.
Thanks
more...
makeup Emo Girls Kissing
wandmaker
05-31 01:10 PM
but the point is how much of micromanagement can u do on a "free" forum!
Abusive language of any kind is not acceptable - no matter how good you were. Going forward, please refrain from using 'such languages'
Abusive language of any kind is not acceptable - no matter how good you were. Going forward, please refrain from using 'such languages'
girlfriend emo love kissing. emo love
seekerofpeace
09-17 05:02 PM
JSB,
You may be right. But with your logic all these talk about opening an SR, getting an infopass and blah blah is not right then. We have polls here on what worked....that's what i was telling it is too much of a coincidence. Opening an SR won't make a sick IO healthy and come back to work..taking an infopass won't bring a dropped out file back in the pile...talking to senators and congressman are useless anyways....
So bottomline is all this talk about what works or not is a pure guess and nothing else....USCIS has always been a black box and will always be..
SoP
You may be right. But with your logic all these talk about opening an SR, getting an infopass and blah blah is not right then. We have polls here on what worked....that's what i was telling it is too much of a coincidence. Opening an SR won't make a sick IO healthy and come back to work..taking an infopass won't bring a dropped out file back in the pile...talking to senators and congressman are useless anyways....
So bottomline is all this talk about what works or not is a pure guess and nothing else....USCIS has always been a black box and will always be..
SoP
hairstyles Cute Emo Love, Kissing With
desi3933
07-12 04:35 PM
RFE is about company asking about the company payrolls, number of employees, Taxes filed for the last 3 years, Company location, my company to client relation etc etc.
It seems that you company has had some past/present issues with INS/USCIS. The RFE is comprehensive enough to cover entire employer history and it appears that USCIS has termed your employer as "staffing company" (that is reason for client contract).
It does not look like good time for your employer. Unfortunately, it is the employees who are hardest hit due to employer's karma.
Contact a good attorney ASAP.
I repeat, Contact a good attorney ASAP.
____________________
I am NOT an attorney.
Not a legal advice.
It seems that you company has had some past/present issues with INS/USCIS. The RFE is comprehensive enough to cover entire employer history and it appears that USCIS has termed your employer as "staffing company" (that is reason for client contract).
It does not look like good time for your employer. Unfortunately, it is the employees who are hardest hit due to employer's karma.
Contact a good attorney ASAP.
I repeat, Contact a good attorney ASAP.
____________________
I am NOT an attorney.
Not a legal advice.
geevikram
07-09 04:48 PM
we should ask him when EB3 India will get current? He will stop eating after that. :)
That was funny!!! :)
That was funny!!! :)
GC_SUCK
03-02 09:28 AM
At what stage of GC, you are not dependent on Lawyer any more>?
What if your I-485 has been filed, and everything is normal with your case. Do you still need your Lawyer till you get ur GC or now you can fire him right after filing 485?
I am not happy with my Lawyer and want to get rid of him ASAP.
What if your I-485 has been filed, and everything is normal with your case. Do you still need your Lawyer till you get ur GC or now you can fire him right after filing 485?
I am not happy with my Lawyer and want to get rid of him ASAP.
No comments:
Post a Comment