Wednesday, June 29, 2011

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  • Blog Feeds
    04-07 11:20 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.

    Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.

    The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.

    For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)





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  • CaliHoneB
    04-26 11:20 AM
    Hi,
    I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.



    Thanks in advance





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  • digital2k
    08-04 01:03 AM
    *





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  • OTTO
    05-13 03:17 PM
    Thanks for your reply.
    Since bs+5 equals ms+0, doesnt bs+7 equal to ms+2?



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  • radduri
    03-17 12:36 PM
    Hello,

    I would appriciate if some clarify me on the below queries.

    Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.

    So here my queries are.

    1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.

    2. If he applies a new H1 then am i able to work imidiately here.

    3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)

    4. Is there any issues if i accept my client offer.

    Please help me to get clarify on all these issues.

    Thanks,
    Ram





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  • baires
    08-31 10:38 PM
    Does anybody know what the best consulates (preferably in Mexico) to go for H1B stamps are? I am getting my H1-B transfer approved in the next weeks and I want to go ahead and get the passport stamp in order to travel.
    My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.

    In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.

    Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
    Thanks



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  • intelarv
    07-29 02:52 PM
    Hi,

    This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.

    If some one has the format currently required by USCIS, please post it.

    Thanks





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  • kumarc123
    03-24 04:04 PM
    Well they may created it new but the content is old and system needs to be fixed.

    You are right, the million dollar question is, when will they fix the system?



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  • keaby
    01-18 09:57 AM
    I mailed my first EAD application in the last week of Dec/09.
    Never thought it would take so long for receipting, and worried something wrong in my application..
    Good to see others ...
    Will wait further then..
    Next time will go online..although it requires a trip to local office for biometrics





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  • number30
    05-15 10:51 AM
    Are they also getting new I-94 every time...:confused:

    I forgot that. they Do not need new I-94 every time. But I remember We were asked to put all Entry to Canada on I485 papers . I use to go Toranto Every week at that time.



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  • gc03
    05-12 08:05 AM
    The passage of the CIR in the Senate is reportedly almost assured. The question remains how much change we will see in the Senate's final bill. One of the agreements which the leaders of Republican and Democrat Senators reached as part of the deal involves the procedural matter that will allow "amendments" on the floor to the CIR proposal which the Senate almost passed when the Senators left for the Easter break in April, 2006. It is thus likely that there may be introduced a flurry of amendments on the floor and a fierce battle on these amendments. Accordingly, the liberal version of the Senate proposal may be substantially compromised before it is enacted into a law this year. We will see the first compromise in the Senate this month before the Senate passes its bill. The second compromise will take place during the Senate-House Conference Committee proceeding after May 2006. It is thus almost certain that the current CIR proposal in the Senate may be substantially toned down and compromised to accomodate the hawkish conservative Senators and members of the House.

    Considering the fact that the Senate will procedurally open opportunities for the Senators to introduce amendments on the floor beginning from next week, this may be the last chance for the pro and con lobbysts to make their voices heard and reflected in the Senate's final bill. Such opportunity will include both legal and illegal immigration legislation in the CIR packet.

    May be it's time for us(IV) to lobby Senators to incorporate IV Goals into Final CIR bill!





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  • signin241
    07-25 09:24 AM
    Thanks for the responses. I have all the documents in place and also the recent paystubs of my present employer.



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  • vss
    02-22 02:50 PM
    People are destroying this country by converting the illegal�s into legal�s. All these illegal�s and whoever is supporting them should be deported. If you want to live in US, follow the rules, if you want to break rules, live somewhere else.





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  • satish_hello
    08-22 10:45 AM
    Hi All,

    Can we follow up case details only with WAC Receipt from NSC.

    Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC.

    How many people out there?

    Thanks



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  • psaxena
    01-14 02:16 PM
    While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.





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  • dealsnet
    01-28 08:34 AM
    If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.



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  • davidk
    02-16 08:41 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David





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  • amyleu
    06-18 12:50 PM
    I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

    1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

    2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

    3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

    4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

    Anybody, please advise. Thank you very much.





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  • lacrossegc
    12-11 08:52 PM
    Hey how about putting in an ad in craig's list for IV. This would draw more members and hopefully more contributions





    ourquestions
    09-21 07:53 PM
    My H-1B petition is currently under processing in Vermont sevice center.

    The receipt status shows it was recieved on May 8th and currently pending.

    The processing dates on the USCIS website show May 31st as the current date.

    Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?





    reddyreddyrahul
    05-04 06:26 PM
    Hi.

    Company A was holding my H1 and i was working at client location at client C thorugh a vendor B. Company A was not paying me correctly and was bugging during my payments.
    I dint had any writen contract with A saying i would stay this long Nor any Non copetenct Agrement between me and Company A. Company B is a good friend of mine So i swicthed and transfered by H1 to Company X and still working at C through Company B. So he ended my contract with A and started with X I am not sure if Company A and B had any non compitency Aggrement about me.(I dint Sign any papers). Now A is calling and leaving voice mails saying you are still working at C and will take leagal action on me. Company A still Owes me lot of money around 30K how should my mney back.

    Please advice how should i proceed. what legal action possibilities are there that Comapny A can take on me and company B ?

    I would appreciate your feedback.

    Thanks.