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09-29 08:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixAGpAdEMY-yzhcAdXU0TreBc6xkT7fX0uGEBtMIisrK6fjcQz5Yvo6_qDZdDvg8fXdtRsZTFDvRi4cHo02Qz3WFO1qp6s6bJx3VIa2lCniNFqL4VW6BhTKWM1bk8eYhb_2Y-TQ3PotWs/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixAGpAdEMY-yzhcAdXU0TreBc6xkT7fX0uGEBtMIisrK6fjcQz5Yvo6_qDZdDvg8fXdtRsZTFDvRi4cHo02Qz3WFO1qp6s6bJx3VIa2lCniNFqL4VW6BhTKWM1bk8eYhb_2Y-TQ3PotWs/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixAGpAdEMY-yzhcAdXU0TreBc6xkT7fX0uGEBtMIisrK6fjcQz5Yvo6_qDZdDvg8fXdtRsZTFDvRi4cHo02Qz3WFO1qp6s6bJx3VIa2lCniNFqL4VW6BhTKWM1bk8eYhb_2Y-TQ3PotWs/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEixAGpAdEMY-yzhcAdXU0TreBc6xkT7fX0uGEBtMIisrK6fjcQz5Yvo6_qDZdDvg8fXdtRsZTFDvRi4cHo02Qz3WFO1qp6s6bJx3VIa2lCniNFqL4VW6BhTKWM1bk8eYhb_2Y-TQ3PotWs/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
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bach007
11-27 01:35 PM
Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????
americandesi
07-05 04:50 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.
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galacticman
03-06 07:30 PM
Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
more...
champu
02-18 07:08 PM
Kudos to desi3933!
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
Also, you may consider naming him/her Barack...;)
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
Also, you may consider naming him/her Barack...;)
kris04
07-06 03:25 PM
Hi, there,
I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?
thank you a lot!
:confused:
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?
thank you a lot!
:confused:
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
more...
satyasaich
01-27 07:02 AM
US needs EB1 and Ph.Ds
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
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a1b2c3
06-16 12:27 AM
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
more...
mihird
02-24 02:19 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
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desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
more...
ineedhelp
07-17 07:10 PM
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
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jliechty
June 6th, 2005, 07:42 AM
Some colors are really hard to capture without blowing out in certain situations, like this. Other than spot metering (or pseudo-spot metering like Kevin suggests), what you could do is bracket more downward, and use a RAW converter that shows a three color histogram (I wish all cameras had three color histograms - those that do are either not right for me - Sigma SD10 - or expensive - D2x, 1DsMkII?) to ensure that you don't blow out any one channel in the conversion. Of course, you'll be pulling up the shadows more if you do this, so I hope your camera has good shadow noise performance (mine doesn't).
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gc_wow
09-30 05:56 PM
I got Rfe to send pictures for Advance Parole, it is funny because already I have mailed them pictures, i dont know why they send me Rfe for that. AILA and immigration lawyers are leeches, ask any immigration lawyer they hate us to the core, yet this USCIS workers and immigration Lawyers choose to ignore that they are dependent on immigrants for their daily bread.
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Rajeev
11-26 02:54 PM
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
more...
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Green.Tech
08-06 12:53 PM
In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I am sorry to learn that your employer backed down on its contract. Thanks for your input.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I am sorry to learn that your employer backed down on its contract. Thanks for your input.
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waiting4gc02
02-21 01:20 PM
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
more...
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russiarulez
03-26 07:00 PM
Last 2 years of college I was working full time in my field and going to school full time.
How did you work full time during college for 2 years? Unless you had an off-campus work permit I wouldn't even tell Immigration about that 'experience'.
And AFAIK you have to earn the bachelor's first and then count the years of experience.
How did you work full time during college for 2 years? Unless you had an off-campus work permit I wouldn't even tell Immigration about that 'experience'.
And AFAIK you have to earn the bachelor's first and then count the years of experience.
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nogc_noproblem
04-10 04:07 PM
Lou Liar Dobbs lied even in this case also. Couple of days back in his show he said more than 400k H1B applications filed. He never gave correct statistics when it comes to legal immigration. It is disheartening to see nobody could able to do anything about his biased campaign.
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gcdreamer05
11-20 11:13 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Affect immigrants in a positive way right :confused:
Meaning they will take some steps to reduce backlog or icnrease visa numbers (HR5882)
or is it going to go in negative direction.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Affect immigrants in a positive way right :confused:
Meaning they will take some steps to reduce backlog or icnrease visa numbers (HR5882)
or is it going to go in negative direction.
sh2005
08-13 11:24 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
lord_labaku
04-14 12:43 AM
Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
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