Notices to Appear Uscis Form
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FAQs
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As per the latest memo to USCIS for H1Bs, what is the impact on H1B extensions?
There is a string of policy memorandums implemented by USCIS that can drastically complicate the H1-B extension process.Most recently, on Sept. 11, 2018, Policy Memorandum 602-0163 went into effect granting USCIS officers the ability to deny a visa or green card application, petition or request (extensions) without issuing a Request for Evidence (RFE).What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of giving the applicant or petitioner an opportunity to correct clerical errors or provide U.S. employers and attorneys the right to address concerns.Adjudicators have effectively been given almost full discretion to make complex judgments without clear standards nor proper oversight to safeguard against unequal treatment.When taken in conjunction with these four other new policies enacted by the Trump administration, the implications are astonishing and pose major issues to H-1B visa extensions.1. Deference to previously approved visasThe first major hurdle for H-1B visa holders came in the form of Policy Memorandum 602-0151 issued on October 23, 2017. The new memorandum rescinded previous guidance, issued April 23, 2004, that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions.2. Level 1 wageThe second complication to H-1B petitions is wage levels. More H-1B RFEs now question wage level 1. On March 31, 2017, USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer’ as a specialty occupation. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage.USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.3. Specialty occupationThis brings us to the problem of singular degrees and specialization. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent. The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Under the new policy, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.4. Right to controlAnother obstacle to the H-1B visa is the “right to control” in which USCIS scrutinizes the employer-employee relationship by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site. If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways including with the use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success.Lastly, the implementation of USCIS Policy Memorandum 602-0050.1 beginning October 1, 2018, expands the conditions under which USCIS issues a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to include situations where:“upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.”The expansion of NTA policy will severely limit, the option to self-deport and could be ruinous for visa applicants by putting them in jeopardy of becoming criminals and being barred from the United States should they become out of status upon denial without warning.This is particularly alarming since RFEs are now issued at the adjudicator’s discretion adding undue pressure on the high-skill immigrant workforce. We may see a drastic increase in flat-out denials (including for extensions) even in cases that would ultimately be approved given the chance to rectify concerns or submit additional evidence.The implication for an H1-B visa holder seeking an extension is this: dot your i's and cross your t's, there is absolutely no room for error. Make sure you have a seasoned law professional with high approval success in your corner.Collectively, these changes could be devastating to American employers and employees who use legal processes to file visa petitions on behalf of the foreign nationals to extend their employment.** Guidance for employment-based petitions and humanitarian applications and petition case types will not be implemented according to the June 28th NTA memo at this time.**
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There is a lot of rhetoric about protecting American jobs. Has anything actually changed for high-skilled immigrants on an H-1B visa? Has anyone been sent back to India?
Not yet in literal terms. But, there are thousands of ways to send people back home and not merely by signing an executive order.Here is what is been done in the past year or so.H-4 EAD visas are under danger of losing their work status. Which means they can’t work, they have to stop their businesses and may even go back home.H-1B processing times for amendment and new petitions are made to wait so tirelessly long that people themselves get fed up of the wait and uncertainty, and eventually leave. This is the key. To make people move out on their own. This is the genius of some of the Trump administration advisers and senators who controls and mends these laws for their own benefit. For example, my company a highly reputed one, who is an American company by the way, can’t even sort out the mess of an RFE(Request for evidence) for the last 3 months. Let me add that my company has paid $1225 as the Premium processing fee back in February this year so that I can get an approved petition in less than a few months. But, the fact of the matter is, even today we are struggling to get the approval as the attorney could not send all the documents requested(in reply of the RFE) and the wait time keeps extending. This is called being a ‘Slave’ to the system. Where even though you work and live with all the legal documents(like I-797, I-94, Driving License and others all up to date), just because you have to file an amendment for change in salary or location or any other reason; you are basically a sitting duck. A duck who can’t come out of the water because that is where he has made his world and can’t stay in the existing environment because the water is turbulent.By signing the ‘Buy American, Hire American’ executive order the President and the government has told you indirectly that if you are on a visa, forget about the Green Card backlogs and other stressful aspects, you can’t even find a job with a good company on H-1B visa because the employers don’t need you anymore. And for those people who will fill the comments with ‘this happens with Bodyshops only’, kindly read some news and ask people on H-1B if they have been able to change their companies. Therein lies your answers. It is a way of telling immigrants who still see America as the hottest destination to fulfill their career dreams, that you are no more needed. The hilarious part is, the loss is nobody else’s but the country’s itself.So, in very layman terms. No, nobody has been told to leave yet. But, they are made to leave.Let me share with you my example. I came in this country in 2012 for my MBA with a hope that my career will shine now compared to that in India. After 6 years, I am uncertain about what to do. I can’t go back to India and come back again when I want. I can’t plan my future as I will not get a Green Card for at least 15 years in the EB-2 queue. And for those who are grinning that they are EB-1 and may get their Green Card soon, here is a newsflash for them - the wait time in that category for the first time has signNowed over 2 years now. And it will keep on growing. Till, as I always say, government starts to clear the backlog and appreciate what they have got here as high-skilled labor.Nobody is saying that there is no H-1B scams and the perpetrators shouldn’t be punished, all we are saying is make it easy for people to breathe who came here with utmost honesty, dedication and hard work. If not, the result is in front of you as glaring facts. Beginning 2017, the rate of applications filed for H-1B are dropping. And whose loss is that?Disclaimer: Most of the above applies to people coming from India.
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Do military members have to pay any fee for leave or fiancee forms?
NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does provide all the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative. You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions: How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... < Caution-https://www.facebook.com/help/16... > Answers to frequently asked questions: - Soldiers and their loved ones are not charged money so that the Soldier can go on leave. - Soldiers are not charged money for secure communications or leave. - Soldiers do not need permission to get married. - Soldiers emails are in this format: john.doe.mil@mail.mil < Caution-mailto: john.doe.mil@mail.mil > anything ending in .us or .com is not an official email account. - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide – family and friends do not need to pay their medical expenses. - Military aircraft are not used to transport Privately Owned Vehicles. - Army financial offices are not used to help Soldiers buy or sell items of any kind. - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops. - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country. Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you. We would urge you to immediately cease all contact with this individual. For more information on avoiding online scams and to report this crime, please see the following sites and articles: This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/< Caution-https://www.army.mil/article/61432/> CID advises vigilance against 'romance scams,' scammers impersonating Soldiers Caution-https://www.army.mil/article/180749 < Caution-https://www.army.mil/article/180749 > FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx< Caution-http://www.ic3.gov/default.aspx> U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130...< Caution-https://www.army.mil/article/130...> DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450...< Caution-http://www.army.mil/article/1450...> Use caution with social networking Caution-https://www.army.mil/article/146...< Caution-https://www.army.mil/article/146...> Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ < Caution-http://www.army.mil/faq/ > or visit Caution-http://www.cid.army.mil/ < Caution-http://www.cid.army.mil/ >. The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot provide this information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct; (571) 305-4056. If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... < Caution-https://www.dmdc.osd.mil/appj/sc... > . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not. If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is: Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357 In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately. Please submit all information you have on this incident to Caution-www.ic3.gov < Caution-http://www.ic3.gov > (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov < Caution-http://www.ftc.gov > (Federal Trade Commission's website)
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What do I fill out as the "current USCIS status" on form i-485?
The I-485 form was updated in June 2017!Here is a guide on how to fill out the latest I-485.
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Where can you get help filling out USCIS Form 1-90?
Firstly it probably helps to realize that the form is called I-90 (as in capital i).Then one could read the instructions for the form on the relevant USCIS webpage Application to Replace Permanent Resident Card and google a bit to find some sites & forums that offer additional help in filling out the form Google If it's a very unique/complicated case it might be necessary to employ the services of an immigration lawyer Google
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How do I write qualification details in order to fill out the AIIMS application form if a student is appearing in 12th standard?
There must be provision in the form for those who are taking 12 th board exam this year , so go through the form properly before filling it .
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Is it possible for me to fill out the CMA foundation form now for Dec 2017 and appear in June 2018?
Get full detail information about cma foundation registration from the following link. cma foundation registration process
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Do I need to fill out an extra form or do anything else to appear for the subjects I did not appear for in the previous MSBTE diploma exam?
You have to fill the exam form now for w 17 of 5th and 7th sem by giving your previous reresult of it but xerox not original OK..
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How can I fill out Google's intern host matching form to optimize my chances of receiving a match?
I was selected for a summer internship 2016.I tried to be very open while filling the preference form: I choose many products as my favorite products and I said I'm open about the team I want to join.I even was very open in the location and start date to get host matching interviews (I negotiated the start date in the interview until both me and my host were happy.) You could ask your recruiter to review your form (there are very cool and could help you a lot since they have a bigger experience).Do a search on the potential team.Before the interviews, try to find smart question that you are going to ask for the potential host (do a search on the team to find nice and deep questions to impress your host). Prepare well your resume.You are very likely not going to get algorithm/data structure questions like in the first round. It's going to be just some friendly chat if you are lucky. If your potential team is working on something like machine learning, expect that they are going to ask you questions about machine learning, courses related to machine learning you have and relevant experience (projects, internship). Of course you have to study that before the interview. Take as long time as you need if you feel rusty. It takes some time to get ready for the host matching (it's less than the technical interview) but it's worth it of course.
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