本帖最后由 chejw 于 2020-4-14 11:07 编辑 . 1point 3acres
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这段曲折的经历希望一亩的网友们都不会遇到。趁现在还有印象，尽可能留下多的资料以供大家参考。
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时间线：
9/13/2019 中秋节被雷，公司没钱了，做不下去，忽然被炒，当即生效，老板并且告知会给USCIS上报我被辞退的消息，不预留任何缓冲时间。意味着我的grace period 从9/16/2019开始算起，因为我最后一次的paystub是9/1-9/15.
11/10/2019 递表I-539境内转B2
12/17/2019 新东家正式offer
12/23/2019 新东家签合同 . ----1/7/2020 办理LCA
1/14/2020 LCA certified ..
1/23/2020 递表I-129,办理加急，并且要求境内extend stay没有选择cp
2/13/2020 B2批准有效期到5/3/2020. 1point 3acres
2/3/2020 RFE (RFE关于: employer-employee relationship, recaptured time, maintenance of status)
2/20/2020 RFE responded
3/5/2020 NOID (wording on case status: We mailed you a notice informing you of the action we intend to take on your case. please follow the instructions in the notice and submit any requested materials.)
3/19/2020 NOID fax才收到！（各位要是办理了加急，无论是rfe/ noid都可以要求律师赶紧联系加急部门要求fax的，我是和加急的工作人员联系了两天才找到一个对头的给回复说必须律师才能申请fax，然后律师才不紧不慢的跟他们申请传真。NOID的回复天数只有33天，所以脚步得加紧。）
4/9/2020 NOID responded
4/13/2020 case approved. 1point 3acres
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经历了这么曲折的h1b transfer，真的如各大网友所说不可能假手给律师。我这次的律师已经给我办case好多年了，之前一路都是顺利批准，没有rfe过，所以这回申请拿到rfe我也就相信她没有要求看律师写的petition letter检查各项细节，但rfe后再来一个noid我就坐不住了，回复noid时我就要求她给我看她写的petition letter，那惨况简直是屎一样的存在，下面会慢慢说。
RECAPTURED TIME
具体做了如下两个表格（例子），说明我有多少天时间不在美国境内可以recapture的。并且打印了以前所有出境机票& CPB I-94记录。.google и
. 1point3acres.com
Beneficiary - 某某人
Chart 1 - Dates & Nonimmigrant Status Inside the United States
No. From To Location Nonimmigrant Status. 1point3acres
1 1/1/2011 10/1/2011 Inside the US H1B. .и
2 2/1/2012 9/15/2019 Inside the US H1B
3 9/16/2019 11/15/2019 Inside the US H1B 60-day grace period
4 11/16/2019 present Inside the US Change of status to B2
Chart 2 - Total Days Spent Outside the United States
. Waral dи,
No. Date Type Location Days Outside the US (Arrival date - Departure date)
1 10/1/2011 Departure San Francisco, CA
2 2/1/2012 Arrival San Francisco, CA 123
Total Days to Recapture 123
MAINTENANCE OF STATUS
这个我主要打印了过去I-797A记录，还有转B2时的回执。
a. The purpose to write the letter – to support my h1b petition and this is a specialty occupation.
b. His current position. A brief introduction about his company.
c. The experience and education degree of the expert. Years of c-suite experience at different company. His CPA certification. He has a bachelor degree in accounting.
d. The necessity of a bachelor degree in accounting for a position with senior accountant.
e. How the expert got to know me and his approval of my qualification to be a senior accountant. Plus he mentioned “This is a complex and important role in any company and required a large amount of specialized knowledge.”
7. 详细的JD,这是我其中一个具体JD结合课程，和如何应用到实际工作中的描述。心得是必须要详细，analyze必须要说用啥会计知识点/方程式，或者工具软件来分析，得出啥样的工作成品，有什么用，给谁用。
Job Duty 8 - Provide industry specific accounting services through reporting on the health of the network’s assets with semi-annual ASC 820 valuations (by FASB, Fair Value Measurement). (5% of weekly work hour)
Relevant Courses & Content
OPRE 6301 Quantitative Introduction to Risk and Uncertainty in Business: focuses on statistical and probabilistic methods and theory applicable to situations faced by managers. Topics include data presentation and summarization, fundamental probability theory and random variables, estimation, confidence intervals and hypothesis testing.
AIM 6332 Intermediate Accounting II: specific topic on applying fair value options in accordance with GAAP (Generally Accepted Accounting Principles) rule with respect to the company's investment assets and appropriate classifications of gross realized and unrealized holding gains/ loss on financial statement presentations.
Service & Skills .
Our company evaluates investment portfolios at fair market value and review its changes semi-annually. The process to apply fair value measurement in accordance with GAAP is very technical. The key to this job duty is to correctly appraise asset value. OPRE 6301 discussed different valuation models that we also adopt for appraisal purpose. The beneficiary could (1) build and evaluate a regression model from raw data, (2) apply rules of probability and random variable, and (3) analyze significant changes of asset values at work. Within GAAP, ASC 820 is specifically relevant because it deals with accounting issues of investment assets valuation. Topic of fair value option for investment instrument (ASC 820) was covered in AIM 6332. By finishing this course, she is able to apply GAAP reporting standard of fair value changes, conduct income/ market/ asset approach for measurement, and perform a goodwill impairment test when the investment asset’s book value exceeds market value. She will report the fair value analysis to the management, so they could determine how to allocate fair value to various investment asset classes.. check 1point3acres for more.
8. Work sample – 这回我提供了对应其中4个工作jd的12个样本，每个jd相关的样本集中在一起有一个cover 分别解释每个样本是有啥作用。我把这个cover尽量控制在3段落，不要太长，把详细的作用解释出来就是了。Cover 实例如下：
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Work products Entity Set-up Roadmap (Doc 10), Chart of Accounts for Balance Sheet (Doc 11) and Income Statement (Doc 12) relates to
Job Duty 6 - Establish chart of accounts and assign entries to proper accounts.
. check 1point3acres for more.
The roadmap is a high-level planning created by the senior accountant. It depicts the nature of business – commercial real estate leasing. The chart of accounts will be tailored to the roadmap.
When establishing the chart of accounts, she will consider GAAP rule and tax implications. For example, a commercial real estate includes CAM (common area management) receivables account that is unique in the business. The IRS requires lease commissions to be capitalized and amortized over the length of lease.
The chart will serve as a manual, and direct accounting clerk to post journal entries to correct accounts for all transactions.
Note:
Entity Set-up Roadmap – Doc 10. 1point 3 acres
Chart of Accounts for Balance Sheet – Doc 11
Chart of Accounts for Income Statement – Doc 12
律师给我准备的petition letter关于这个疑点就回复了下面短短几句。难怪被之前的rfe 不通过。她的信稿子如下：
Dear Officer,
This is respectfully submitted in response to the NOID dated on March 05, 2020.
Specifically the evidence submitted will provide documents to address the following main issues
raised in the NOID:-baidu 1point3acres
Employer-Employee Relationship. ----
1. Letter from the employer to establish the employer-employee relationship
2. Company form 940. 1point 3 acres
3. Company health insurance plan for its employees
4. Company 401(k) plan
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我们一共给了移民局200多页的资料，啥都不解释就丢给他们一堆材料，难怪移民官会质疑甚至不批！各位尽可能让律师给你们看究竟他们的信是咋写的！因为这作用非常大，是通过律师的信把我们提供的资料串连起来，因为移民官不会慢慢研究每个doc是什么，所以我们就必须得解释出来各个文档的作用是回复哪个问题用到的，这样就方便他们审核我们的材料以免他们嫌烦不看资料就deny。还有必须得把关好律师组织的exhibit list，因为我就发现我律师给排序的材料非常混乱，有些还重复写出来，有些重要的就漏掉！
具体回复雇佣关系我就直接copy我起稿的律师信如下，说明哪个exhibit是回复移民局大官们的哪个疑点，并且指明官员们你应该看我们提供的exhibit中的哪一页，哪个paragraph，还有如果雇主信有某些点你是觉得很重要，也必须引用出来给移民官知道，生怕他们看错。
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EMPLOYER-EMPLOYEE RELATIONSHIP
USCIS raises the issue concerning the petitioner and the beneficiarys’ employer-employee relationship. The Peitioner is not a consulting company. The Peitioner hires the Beneficiary as an in-house, full-time employee. The petitioner submits below statement and supported documents to demonstrate the employer-employee relationship does exit:
1. List in detail the specific services to be performed. See Statement from the Petitioner See Exhibit 3: An in-depth analysis of job details with relevant degree coursework so the beneficiary has the knowledge and skills to perform that specific job duty. See Exhibit 7: Detailed examples of work produc See Exhibit 14: Copy of signed employment contract between the Petitioner and the Beneficiary, Section Exhibit A: Senior Accountant Responsibilities, Page 2 of 2
2. Physical location where the work is to be performed by the beneficiary.
The Beneficiary will only work on the Petitioner’s place of business. The Petitioner provides below supporting documents to demonstrate its physical location: See Statement from the Petitioner: Page 1~ 4 of 9
Please find in the statement Section “A. Employer-Employee Relationship” Subchapter “Establish the physical location where the work is to be performed”. “Beneficiary will work exclusively at our [the petitioner’s] headquarter in Dallas, TX.” “The beneficiary’s work will be done solely out of this office location, with minimal to no travel at all.” The Petitioner’s statement also provides pictures of the office area, work station and equipment to be used by the Beneficiary. See Exhibit 13: Signed sublease agreement
Please find in Exhibit 13 that the Petitioner (Subtenant) subleases 8,639 rentable square feet of the premise from(Sublessor). This is the physical location of the Petitioner’s headquarter. The sublease agreement is implemented beginning August 1, 2018.. Χ
3. Detail to show the Petitioner will control when, where and how the beneficiary will perform the proposed work.. 1point3acres.com See Statement from the Petitioner: Page 5 ~ 6 of 9
Please find in the statement that the Petitioner depicts the source of equipment, tools and software needed to perform the job. The Petitioner provides such instruments to the Beneficiary. XXX will be the Beneficiary’s direct supervisor and, particularly, “will establish what tasks need to be added and monitored on the project management tool (Trello) and will assess whether a project has been thoroughly completed and closed”. See Exhibit 11: Organizational Chart depicts the Beneficiary in her position, staffing levels and their educational backgrounds.
Please find in Exhibit 11 that the Beneficiary will work under direct supervision of the Controller.
4. List of projects that are in existence and underway. See Statement from the Petitioner: Page 7 ~ 9 of 9 See Exhibit 9: Service agreement
Please find in Exhibit 9 one of the signed service agreements to prove ongoing business relationship between the Petitioner and its client.
5. The Petitioner’s role in directing the Beneficiary’s work hour, paying the Beneficiary and employee benefits See Statement from the Petitioner: Subchapter “Establish the dates for any, or all of, the entire period of requested employment”, Page 4 of 9
Please find in the statement to demonstrate that the Petitioner confirms duration of employment relationship, work hours, annual salary and employee benefits offered to the Beneficiary.. 1point 3acres
See Exhibit 1: . 1point3acres
• The Petitioner’s Form 940
Please find in Form 940 that the Petitioner has an Internal Revenue Service Tax identification number. The Petitioner funds and reports their annual Federal Unemployment Tax Act (FUTA) tax using Form 940. The Petitioner will withhold from the Beneficiary’s salary and remit on behalf of the Beneficiary for such U.S. Federal payroll taxes: Federal Income Tax Withholding, Social Security and Medicare.
• The Petitioner’s health insurance plan for employees
• The Petitioner’s 401 (k) plan
Please find in these two documents that the Petitioner has established the health insurance and 401(k) plan for its employees.
See Exhibit 14: Copy of signed employment contract between the Petitioner and the Beneficiary, Page 1 of 2
Please find in Exhibit 14 regarding employment terms agreed upon between the Petitioner and the Beneficiary.
6. Detail description of the beneficiary’s dutes and skills required to perform the job offered. ---- See Exhibit 3: An in-depth analysis of job details with relevant degree coursework so the beneficiary has the knowledge and skills to perform that specific job duty. . See Exhibit 8:
• The beneficiary’s CPA score report
• The beneficiary’s degree certificate, transcript and course syllabus.
7. Performance review and training for the beneficiary See Statement from the Petitioner: Paragraph 2 ~ 4 on Page 5 of 9 and Paragraph 2 ~ 3 on Page 7 of 9 See Exhibit 10: Internal training about New Lease Standard ASC 842.
Please find in Exhibit 10 that a recent training itinerary on 2/6/2020 and training materials provided by the Petitioner to employees at the Accounting and Finance department. The training was held at the Petitioner’s office. The Beneficiary was invited to call in and take part in the Petitioner’s internal training.
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