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The new USCIS H1B memo: Section II - Analysis of the memo

Discussion in 'Consulting company issues' started by Ron Gotcher, Jan 25, 2010.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. SaiAnswer

    SaiAnswer Junior Member

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    Re: The new USCIS H1B memo: Section II - Analysis of the memo

    Hi Ron,

    I have a quick question. I got the H1B approval in 2009 and planning to go to India in February to get it stamped. I am not sure how this new memo by CIS will effect my stamping. Mine H1 was filed by an American staffing company having it's locations worldwide and it's very old established in 1946. Iwill be travelling from Newark airport (EWR). Is it safe to get the H1 stamping done?
    What is the risk?

    Thanks,
     
  3. hbk078

    hbk078 Member

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    Re: The new USCIS H1B memo: Section II - Analysis of the memo

    Hi Ron,

    Based on your analysis of memo in Section II for extension
    -----------------------------------------------------------------------------------------------------------------------------------------------------------------
    "Moving on to extensions of previously approved petitions, again, they provide an illustrative list of evidence and state that the petitioner should establish “the right to control the work of the beneficiary” by provide a combination of the following or similar evidence:

    Copies of the beneficiary's pay records (leave and earnings statements, and pay stubs, etc.) for the period of the previously approved H-1B status;
    Copies of the beneficiary's payroll summaries and/or Form W-2s, evidencing wages paid to the beneficiary during the period of previously approved H-1B status;
    Copy of Time Sheets during the period of previously approved H-1B status;
    Copy of prior years' work schedules;
    Documentary examples of work product created or produced by the beneficiary for the past H-1B validity period, (i.e., copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, designs, blueprints, newspaper articles, web-site text, news copy, photographs of prototypes, etc.).Note: The materials must clearly substantiate the author and date created;
    Copy of dated performance review(s); and/or
    Copy of any employment history records, including but not limited to, documentation showing date of hire, dates of job changes, i.e. promotions, demotions, transfers, layoffs, and pay changes with effective dates."
    -------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Now here is my case.
    I am on H1B since 2005 with same employer. My I-140 is already approved under EB 2. My current H1B will expire on 1-Aug-2010 & planning to apply for extension in Feb-2010 with premimum processing with client letter, vendor letter, employer letter, pay checks for 1 year, last 3 years of W2's & also can provide timesheets for 1 year.
    My company/employer is consulting compnay with 150 employee's(out of 150,number of H1B's are 35 & others are on EAD,GC & Citizens). Right now my client(large bank) is not a direct client to my company there is a one vendor in between.


    1. Based on my case information & your analysis for extension, can you please tell me impact on my case ?
    2. Whether i should be fine or not in getting extension ?
    3. Do i need to give more documents other then(client letter, vendor letter, employer letter, pay checks for 1 year, last 3 years of W2's & also can provide timesheets for 1 year) to get extension & to prove EE relationship ?

    I will greatly appreciate your response.

    Thanks.

     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: The new USCIS H1B memo: Section II - Analysis of the memo

    I addressed your question earlier, to the extent that I could. Please stop re-posting it.

    I don't want to get into individual situations where I have no idea of what people have submitted or are likely to submit. If folks want to discuss general aspects of the CIS memo or my response, I'm happy to do so.The one thing that I can't do is speculate as to the results of unique cases. Many readers are IT professionals. Imagine if someone asked you: "I'm going to insert some lines of code into an application that generally has to do with data storage and retrieval. Will this work? If not, please tell me exactly what bugs I should expect."

    The CIS is denying H petitions at an unprecedented rate. The difference between a successful petition and a denied petition can often be a single representation made by the petitioner, or a single item of evidence. To try to speculate as to the outcome of a specific case, without a comprehensive review of the specific documents submitted is not only impossible, it is irresponsible. This is not a process that lends itself of using checklists found on the Internet. H1b petitions today require unique drafting for each case. Anything short of that and you are rolling the dice on the outcome, hoping to get a rookie adjudicator who might make a mistake.
     
  5. alphabeta9

    alphabeta9 New Member

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    Hi Ron,

    I have got an RFE on my H1B extension they have asked for work schedule, could you please let me know what I should provide.
    As of now , I have created a document where I have listed out all the meetings I have attended/conducted, code reviews, Code deployments, design creation, etc I have done in last one year. All these activities I have listed in 15 days duration for past 1 year.Please let me know if that will work ?



    Thanks
    Anup
     

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