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  #1 (permalink)  
Old 02-17-2010, 03:46 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
12/08/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
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Join Date: May 2008
Posts: 4
nsrkr is on a distinguished road
Default H1B situation after USCIS inquiry

# Travels from Client -> Prime Vendor -> Consulting company (My employer) -> ME.
X -> Y -> Z -> ME. (Z is my HR/employer).

So,here is the coup. Few months ago, (Aug/Sep 2009), USCIS had a random check on one of my colleges. who works with me in company Z. For some odd reason (laziness), HR from company Z /employer never cared to reply to those queries and phonecalls. Now this has resulted in my college's visa status in trouble. USCIS has given ultimatum that they will revoke the H1B petition,if employer does not come back with necessary
supporting documents.

The bigger problem is this: There are atleast 7 more guys working with me who are from same employer Z and
almost everybody is on H1B (although few have EAD). My questions are
1. How is this going to affect the visa status of all others?
2. Can the USCIS mark company as black-listed and thus resulting in all employees on road?
3. There is no fraud going on,just lapse/laziness has resulted in this chaos. This is a continuous maintenance project
and there is every document to prove "good" visa status for all the employees of the company Z.
4. Lawyers, CPAs from my employer are already doing their best but we are firmly believing that this is a sinking boat.
5. I do have EAD, and its ending in Sep-2010. Should I apply now and get 2 yrs more extension before anything happens with the company Z?

thank you!
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  #2 (permalink)  
Old 02-17-2010, 05:09 PM
Senior Member
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:
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Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute Rb_newsletter has a reputation beyond repute
Default

Quote:
Originally Posted by nsrkr View Post
# Few months ago, (Aug/Sep 2009), USCIS had a random check on one of my colleges.

3. There is no fraud going on,just lapse/laziness has resulted in this chaos. This is a continuous maintenance project
and there is every document to prove "good" visa status for all the employees of the company Z.
4. Lawyers, CPAs from my employer are already doing their best but we are firmly believing that this is a sinking boat.
Was this check a complete random initiation or was this initiated because of H1b filings?

Also you mentioned no frauds and lawyers working on this. So if I were you, I would not be worried.
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  #3 (permalink)  
Old 02-17-2010, 05:24 PM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
12/08/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/21/2007
Compare
Join Date: May 2008
Posts: 4
nsrkr is on a distinguished road
Default

The check came in after an approval of the h1b extension of that particular employee.
We are mainly coencerned because of being small consulting company.
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  #4 (permalink)  
Old 02-17-2010, 09:02 PM
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Priority Date
:
Dec-03
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:
EB2
I140 Mailed Date
:
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:
India
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:
I-485
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:
08/15/2007
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Posts: 97
cinqsit is just really nice cinqsit is just really nice cinqsit is just really nice cinqsit is just really nice cinqsit is just really nice
Default

Make sure your company provides USCIS all the documents that they asked for.

Dont worry about the size of the company it doesnt matter - USCIS has to follow the law so as long the company has everything in order the company should be able to overcome this query

Good luck
cinqsit
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