need major advice reg h1b processing - new regulations

I140 puzzle

Registered Users (C)
i have a company and our main strength is getting candidates from abroad namely India. I am now faced with questions from the consular abt client intent letters. I cannot produce that as our candidates come to the US and then get marketed. How do we handle this issue, I have 3 consultants waiting to go back to the consular.

Also now with the new rule for h1b filings for 2007 the picture is getting even more complicated.

USCIS is asking employers this:

8 CFR 214.2(h)(2)(B) requires that petitioners provide a detailed itinerary of the dates and places where work will be performed if those services will be provided in more than one location. For example, a labor contractor or consultant who hires H-1B workers to work at client sites must provide in advance an itinerary with dates and places where the worker will perform that work.

In addition, 8 CFR 214.1(c)(4) requires that an applicant for extension of status have maintained his or her nonimmigrant status. In situations in which an H-1B worker is changing to an employer other than the one for which the initial H-1B petition was approved, USCIS will require that the worker changing employers demonstrate that he or she actually did perform meaningful work for the original petitioning employer under circumstances not reflective of fraudulent intent in the original petition. In situations in which the H-1B worker is processing abroad, USCIS will work closely with the Department of State to ensure that this same level of integrity is applied to consular processed H-1Bs.

Have no idea what is to be done!!

Comments most welcome.

:confused:
 
I140 puzzle said:
i have a company and our main strength is getting candidates from abroad namely India. I am now faced with questions from the consular abt client intent letters. I cannot produce that as our candidates come to the US and then get marketed. How do we handle this issue, I have 3 consultants waiting to go back to the consular.

Also now with the new rule for h1b filings for 2007 the picture is getting even more complicated.

USCIS is asking employers this:

8 CFR 214.2(h)(2)(B)
I do not see anything new here. I have been providing these informationf rom year 2000 for all of my H1 /RFE. If you are not able to provide these info/itenary (letter from end client) means, you do not have genuine job for the H1 candidate. The purpose of these verifiable information is to reduce or abolish body shoppers, they do not have any work ethics, suck the h1b's blood , if no job put them in bench not paying them. Only problem with INS is, they never request these RFE previously to every one, this time you arer lucky to get this RFE

requires that petitioners provide a detailed itinerary of the dates and places where work will be performed if those services will be provided in more than one location. For example, a labor contractor or consultant who hires H-1B workers to work at client sites must provide in advance an itinerary with dates and places where the worker will perform that work.

In addition, 8 CFR 214.1(c)(4) requires that an applicant for extension of status have maintained his or her nonimmigrant status. In situations in which an H-1B worker is changing to an employer other than the one for which the initial H-1B petition was approved, USCIS will require that the worker changing employers demonstrate that he or she actually did perform meaningful work for the original petitioning employer under circumstances not reflective of fraudulent intent in the original petition. In situations in which the H-1B worker is processing abroad, USCIS will work closely with the Department of State to ensure that this same level of integrity is applied to consular processed H-1Bs.

To check the continuty of H1. Many people with H1 with no pay stub faces problem in extending H1 or changing the sponser
Have no idea what is to be done!!

Comments most welcome.

:confused:
 
Last edited by a moderator:
Great Guru!!

we are a genuine company and we have no intentions of sucking blood......we are no vampires. we have built this company only thru good will and referrals.

we do not have end clients but we provide powerful resources. this is ridiculous on ure part to accuse when i am asking for advice. please do not talk globally here. i am talking specifically to my query. all i need you is to be polite else please do not answer.

We have been doing everything legally and ethically. All I need to know is how do we submit the h1b application with PO to USCIS even before getting the approval.
 
I140 puzzle said:
Great Guru!!

we are a genuine company and we have no intentions of sucking blood......we are no vampires. we have built this company only thru good will and referrals.

we do not have end clients but we provide powerful resources. this is ridiculous on ure part to accuse when i am asking for advice. please do not talk globally here. i am talking specifically to my query. all i need you is to be polite else please do not answer.

We have been doing everything legally and ethically. All I need to know is how do we submit the h1b application with PO to USCIS even before getting the approval.

If you do not have PO, then why do you need H1 candidate.Do not get offended, if you are genuine.
This will difinitley leads to putting them in bench, that is the reason INS is asking confirmed PO .

INS do not allow you to keep the body in the show case, some time it may get rotten, untill you sell them.
 

Hi great_guru,

Does this law also applies to extension of H1s or just for new and transfer of H1s?

Thanks,
 
I140 puzzle said:
Great Guru!!

we are a genuine company and we have no intentions of sucking blood......we are no vampires. we have built this company only thru good will and referrals.

we do not have end clients but we provide powerful resources. this is ridiculous on ure part to accuse when i am asking for advice. please do not talk globally here. i am talking specifically to my query. all i need you is to be polite else please do not answer.

We have been doing everything legally and ethically. All I need to know is how do we submit the h1b application with PO to USCIS even before getting the approval.
 
Hello,
I wanted to take a minute to try to help you. Unfortunately, some people on this site get a kick out of insulting other people.

I have filed 100's of H-1B visa petitions for many large companies in the US, and I would be glad to help you file your H-1B petitions. If you have RFE's that you are needing help with, I will be glad to assist you with those as well.

Without talking to you and finding out what these employees are doing, where they are working, etc., it will be hard to answer your questions as to their itenerary. I can tell you that in the course of filing many H-1B visa petitions, due to the way I file the petitions, I have not come across this particular type of RFE before. But I have run into a similar requirement in filing for H-3 visas.

If you would like help filing your H-1 visa petitions, please feel free to contact me at Immigration_Now@hotmail.com. I am based out of Tulsa, Oklahoma, and offer affordable, expert immigration processing.

I would love to talk to you.

Thank You,
Marilynne Bryan
Immigration Specialist
 
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