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  • surya.kant
    06-19 01:16 PM

    I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.

    Following are the context from the RFE document.

    U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:

    Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.

    Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.

    Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.

    For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

    For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.

    If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.

    This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.


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  • beautifulMind
    07-17 11:14 AM
    You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok

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  • indyanguy
    08-23 10:15 PM
    I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?

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  • Sakthisagar
    07-23 11:55 AM
    India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)

    New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.

    Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.

    "We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.

    He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.

    Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.

    The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.

    India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.

    PC Magazine Reports as under

    Thanks in large part to the success of Apple's iPad, tablets are, for the first time in their long history, well on their way to becoming a mainstream electronic device. With prices starting at $499, however, Apple's device is still too expensive for many to seriously consider its potential as a secondary computer. A new prototype from the Indian government, however, may slice the price of tablets down to a fraction of that.

    The government has announced pans to create an educational tablet priced at $35. The device, which will offer a number of basic computing features, such as a Web browser and video conferencing, is set to be made available to Indian students some time next year.

    The government is attempting to push the device's price down to a fraction of that, with an ultimate goal of a $10 tablet. "We have come out with the device at Rs 1,500 ($35) and now we invite individuals, entrepreneurs, firms and industries to produce the device as cheaper rates than this," Kapil Sibal, the minister of the country's HRD educational department told The Business Standard.

    In other words, there hasn't been a manufacturer that's been named for this device, just a prototype and a tentative business plan. That's hasn't always worked out as planned; the history of a similar $100 One Laptop Per Child was plagued with delays, with executives later hoping to exit the business entirely.

    India's Government Unveils $35 Tablet Prototype | News & Opinion | PCMag.com (http://www.pcmag.com/article2/0,2817,2366895,00.asp?kc=PCRSS03069TX1K0001121&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ziffdavis%2Fpcmag%2Fbreakingn ews+%28PCMag.com+Breaking+News%29)


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  • indyanguy
    11-06 08:31 PM
    You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.

    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?


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  • dealsnet
    03-24 12:54 PM
    Do you filed I-485 for her ?
    If not try to get H1B for the residency.
    Most of the hospitals are non-profit, so it is cap except, no lottory is required.


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  • rbkrao
    09-12 01:20 PM
    There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?

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  • ssss
    05-18 12:56 AM
    Your question is not clear. "her green card expires on the 21st of august"

    - She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

    "she has an appointment on that day for what i think is to get her permanent residency"

    - If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.

    This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.

    Probably he is talking about the conditional green card one gets after marrying a US citizen


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  • she81
    01-23 08:25 PM
    "Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
    So throw off the bowlines. Sail away from the safe harbor.
    Catch the trade winds in your sails. Explore. Dream. Discover."
    - Mark Twain

    Nice adage. :)

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  • iv_newbie_2007
    06-16 10:06 PM
    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    ----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.


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  • Gravitation
    01-02 01:00 PM
    On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).

    What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.

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  • Wish_Good
    05-02 01:53 AM
    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.


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  • eborbust
    07-01 09:19 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

    Search Results - THOMAS (Library of Congress)

    Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)


    (a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.

    (b) Adjustment of Status-

    (1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:


    `(a) Adjustment of Status-

    `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:

    `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.


    `(i) IN GENERAL- The alien shall establish that the alien--

    `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;

    `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and

    `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.

    Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.

    We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...

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  • lazycis
    01-15 10:48 AM
    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.



    It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.


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  • Madhuri
    11-26 12:09 PM
    Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
    2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.

    I am not sure we can do this.

    yes you can. Since your PD indicates your LC is >365 days old.
    new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.

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  • jgh_res
    06-22 11:27 AM
    Download trial version of Adobe Acrobat professional, type in the form and save the form. Reopen it and verify whether ur data is there or not.

    Before u do that on actual form, save a copy of it and do it.

    All the best!!!!

    I guess original poster is asking about saving forms after filling it up. You can save the form but the data that you filled up will not be saved. If someone is actually able to save the form along with the data, I'll be interested too to know how.


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  • snathan
    03-20 01:04 AM

    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

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  • srikondoji
    06-12 09:06 PM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.

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  • GCnew
    06-13 03:30 PM
    I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).

    My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.

    Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)

    Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.

    01-11 11:32 AM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.


    01-28 05:43 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.

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