MYGCBY
Which Center did you filed your case?
Thank you
RajWaitinon140
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Which Center did you filed your case?
Thank you
RajWaitinon140
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
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IV core members have been in media MANY times.
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
I would be happy to speak up but just an FYI, we donot have any constitutional rights. We are second class citizens at the best, and slaves in a different form at worst.And that is not ranting of someone who has been in line for half a decade. Here's the proof.
I love skeet shooting but the law prevents me (or anyone who is on a "nonimmigrant" visa) from buying a gun. Thats second amendment rights that were awarded to everyone living in the USA.
JACK
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asked both the two questions posed by fellow members.
have a US visa stamped and has not expired, they will not let you board a plane to UK.
If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.
I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)
If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.
I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjncxwqQFA71bIVQJxq7hnByY-Tj4WxnmiPifTpxuLxSWZVEs9szsKb2iPvkJFbpdTUyTIsrSnLO3FQL90-1-uXOAbLszFcqmqmrxnn2LUAdk8lgugDUPLaP7AQAAH0pOCRbQNpHs_c0-8Q/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjncxwqQFA71bIVQJxq7hnByY-Tj4WxnmiPifTpxuLxSWZVEs9szsKb2iPvkJFbpdTUyTIsrSnLO3FQL90-1-uXOAbLszFcqmqmrxnn2LUAdk8lgugDUPLaP7AQAAH0pOCRbQNpHs_c0-8Q/s1600-h/uscisLogo.gif)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "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"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
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 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 with any type of 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?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit 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. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.
US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "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"
CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:
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 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 with any type of 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?
Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:
Self employment;
Independent contractors;
"Job shops".
The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.
The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:
Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.
The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit 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. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.
This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.
https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?
G
Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?
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It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)
Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)
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Thanks for your hard work, hope more and more people come here to sharing their valuable business experience. Let improve business skills together. Thanks your suggestion. Just for my need. I've been listening to this album a bunch recently. Really great. I'll assume this is directed to me since it's right under my post. stainless steel pipe (http://www.steelpipes-china.com/)
what is with the pipe dude ? looks like a spammer....
what is with the pipe dude ? looks like a spammer....
whilei don t know what is salary as per market rate... i will not have any salary... only straight commission. but i guess i can ask the broker to pay me a salary but i will not be an agent ...more like someone working in the office like a secretary.
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Colbert started his testimony.
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News from REDIFF
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm
No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.
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Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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Hi Bhatt,
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
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RD: July 2 nd
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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I live in northern california and has written letters to congressman, first lady but not response.
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In my case they made 4-5 attempts before it was delivered...
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I got all the receipts and FP notice from VSC on 10/15. Everything was filed on 7/31 and sent to TSC. FP date was 10/30. Got EAD last week and they want ID again for AP. 485 has been trasnferred to TSC now.
Thanks for above posters.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
Scratch that last post. I found what I needed. I removed the line of code:
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