Saturday, June 11, 2011

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  • smartboy75
    07-17 07:30 PM
    Kindly reply to this thread so that it is always visible under RECENT POSTS just as a reminder to everyone ..





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  • go_guy123
    05-18 06:25 PM
    Bender's Immigration Bulletin (http://bibdaily.com/)

    Way to go...atlast someone..gave u a green for the post





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  • gcformeornot
    02-03 02:14 PM
    AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport

    Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"


    AILA CBP Liaison Committee Practice Alert
    H-1B Admissions � Newark, New Jersey Airport
    (2/2/2010)

    The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.


    After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.


    In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.


    During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).


    Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.


    In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.


    Note the new fraud related language added to I-797 approval notices �



    NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.


    Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).





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  • dealsnet
    03-30 12:14 PM
    According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.

    Your profile shows your PD DEC. 2005.
    How you got the GC, when the PD is not current?
    If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
    All:

    I have a question with regard to legal status:

    Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    I would appreciate some wisdom here.....



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  • dilbert_cal
    03-25 02:00 AM
    We should try for

    1. Either to remove country quota
    or
    2. Re-instate soft quota.

    The above is a long term and final solution.

    Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?





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  • waiting4gc
    06-29 01:59 PM
    You must have used your OPT card to work for some company. Ask them to give it to you. They SHOULD have it in their records. If that doesnt work, try talking to the international students office of your school to find out if they have a copy and can send you one.

    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?



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  • GSB
    08-21 08:48 AM
    PD Dec 05.





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  • little_willy
    05-02 12:56 PM
    I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.

    Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.



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  • met3259
    07-18 04:40 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


    thanks in advance :D

    Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????





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  • ganam
    02-21 08:57 PM
    Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.

    Please go to

    http://www.murthy.com/news/n_nuacp2.html

    and see Question 11. Do I have to use an EAD to use AC21?



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  • kshitijnt
    12-02 06:29 PM
    When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).

    When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).

    BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.

    my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.

    ps : if this helps u, give me green ... :D

    Thx

    The H1 and H4 extensions can be filed at the same time.





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  • akhilmahajan
    09-14 03:56 PM
    Hi All,

    I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

    Any idea what we are trying to achieve here?

    If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.



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  • kaisersose
    03-05 01:40 PM
    The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.

    ....

    Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.

    About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.





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  • BharatPremi
    03-18 01:44 PM
    what is GC sponser?

    Amazing... Do you really have an EAD?



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  • wizkid732
    08-24 12:29 PM
    Hi,
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?

    -Thanks





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  • natrajs
    02-13 11:32 AM
    I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.

    My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.


    Dear sukant71

    I highly recomend it, My friend too got it like that. Don't wait anymore, What's the harm it is going to make by contacting your local Senator. You have been already going through lot pain and agony.

    I wish you best of luck.



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  • JunRN
    12-18 02:49 PM
    Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?

    You don't "have to", right! But are you willing to take the risk?

    In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.

    USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.





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  • chanduv23
    09-04 06:50 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Once you get your green card, you are supposed to go work for the company who applied for your green card or work in a same or similar job. So it is good to have a job offer in hand. Talk to an Attorney on what are the potential questions at POE as you have been out of the country for a long time.





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  • apoojo
    08-24 02:01 AM
    Thanks for the reply, hibworker.

    Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.





    GCWhru
    11-15 11:07 AM
    Please come forward.. We will start Tennessee state chapter.

    most of the states having some activity going on. I know TN has lot of members (I personally know 5 to 6 people accessing IV in my company).

    Let us join together...





    bbenhill
    01-09 01:03 AM
    so those that didn't pay the new fees when they filed 485 but paid the new fees for renewal of EAD and AP what happens to them? do they also get free renewals?

    They don't get free renewal .. they have to pay everytime they renew their EAD/AP. :(

    luckily right now we can get 2 years EAD for every renewal (some conditions apply).

    ps : need more green <hint> <hint> :D



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