bekugc
03-20 04:46 PM
omg, for a second i thought that there was really a fasting rally in DC...arranged by IV.
just chill !! :-)
just chill !! :-)
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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).
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).
LookingForGC
12-09 02:51 AM
Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.
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misanthrope
05-10 06:07 PM
What the heck do you mean by "we" are expecting?
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
I think its a royal we.
Who's "We".
Just stop spreading random rumors. If u have anything credible to say then say so. Otherwise stop.
I think its a royal we.
more...
ujjvalkoul
01-30 05:50 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
willigetgc?
01-21 12:15 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
more...
pankaj_singal
08-20 08:22 PM
only word for this is RIDICULOUS.....
USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)
History of events
July 21, 2007: Filed I485 with NSC
Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC
July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"
Aug 14, 2008 : Case Transfered to TSC : No reason given.
Anybody in same boat ?
USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)
History of events
July 21, 2007: Filed I485 with NSC
Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC
July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"
Aug 14, 2008 : Case Transfered to TSC : No reason given.
Anybody in same boat ?
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samcam
07-19 12:08 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
more...
rockstart
07-27 08:54 AM
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
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up_guy
08-27 12:26 PM
I am using AC21 and moving on
My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.
Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option
As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B
If I follow my lawyer, will I lose something ?
Had anyone had experience like this before..
I need second opinion from guru who have actual experince..
thanks for your inputs
My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.
Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option
As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B
If I follow my lawyer, will I lose something ?
Had anyone had experience like this before..
I need second opinion from guru who have actual experince..
thanks for your inputs
more...
[uber]
04-08 02:13 PM
interesting
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dicarol18
07-27 07:46 PM
I sent the 140-765-485 on June 30. reached Nebraska on July 2...and I got receipt notice of 140, Does anybody know if I am going to receive Receipt Notices for 765-485 too or I have to let them know that I sent those Forms too????:confused:
Please, I will wait for an answer...
Please, I will wait for an answer...
more...
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desi3933
08-18 09:12 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
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indianabacklog
01-03 02:38 PM
Folks,
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.
If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.
If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.
more...
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Aura M.
02-21 03:24 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
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lvinaykumar
06-30 12:40 PM
I am sure many of you don't know about TANA organization ( www.tana.org ). TANA is held every 2 years in one of the major cities in US, and for 2009 TANA is scheduled to happen in Chicago.
"TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "
They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.
Secondly, we can have our own booth which will cost some money we can get lot of publicity.
This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.
"TANA IS GOING TO CELEBRATE 2009 CONFERENCE IN CHICAGO AT DONALD E STEPHENS CONVENTION CENTER, ROSEMONT FROM JULY 02, 2009 TO JULY 04, 2009. "
They usually get around 12,000 to 15,000 guest of Telugu speaking people. The point i would like to make is to increase the exposure of to IV, we need to put up a booth in TANA 2009. I have attended TANA organization committee meeting on Sunday, 29 2008 and have spoken to them about IV. TANA has several stage shows, booth for business , food stalls and much more. TANA Chicago org will be needing some help( not sure what at this time ). but if we can help them so that they give us some exposure in the TANA 2009. it will be really great.
Secondly, we can have our own booth which will cost some money we can get lot of publicity.
This is just a idea and a i think it is a win-win for both of us. Let me know what you guys think.
more...
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makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
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yestogc
05-31 05:06 PM
sorry.............
Will Obama Follow his footsteps ?
Will Obama Follow his footsteps ?
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black_logs
02-18 12:08 PM
Yes, most of the states are going to implement it. It is allready existing in P.A. and I know atleast 2 people who's friends picks/drops them to work. It's a shame, living in this country for 6 years and suddenly your DL is snatched away. Getting 3 years H1B extensions in all circumstances is on of our main agenda at iv.org please see our brochure in resources section. This will solve atleast some part of the problem.
willIWill
02-23 05:25 PM
I don't want to use EAD/AP, as I want to have a backup.
Gps, look at the below link, it should be informative and useful in your case.
EAD or H1:
Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.
H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)
Gps, look at the below link, it should be informative and useful in your case.
EAD or H1:
Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.
H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)
copsmart
08-15 08:30 AM
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
I see...
That sounds like a valid point. :)
You probably have to wait for your YEAR to become CURRENT.
I see...
That sounds like a valid point. :)
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