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  • sc3
    09-25 02:10 PM
    Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.

    In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.

    All of them told me the same story. Too many miracles, case got investigated, blacklisted.

    Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.




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  • hoolahoous
    11-11 09:08 PM
    there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.


    PS: I am not a lawyer, so this is not a legal opinion.




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  • me_myself
    12-19 05:03 PM
    div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.

    Thanks.




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  • lkapildev
    01-15 04:59 PM
    http://immigrationvoice.org/forum/sh...ad.php?t=16684



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  • tabletpc
    11-09 03:52 PM
    Vikki76,

    Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.

    Ganesh_Sholapur:

    Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.

    1. Do i need to go for stamping in Canada or Mexico
    YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
    So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.

    2. Can i work for company B with my H1B approval.??

    No you cannot.
    3. To start my new job, do my employer should change my status

    Once you return back from india, your status automaticaly changes to H1b.
    4. If going for stamping do my dependents also should join me.

    yes, all should leave the country before u r L1 expires.


    Hope my responses helped you...




    My quires are.
    1. Do i need to go for stamping in Canada or Mexico

    Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
    2. Can i work for company B with my H1B approval
    Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
    3. To start my new job, do my employer should change my status
    Answer: Definitely-YES. I-9 form from employer should reflect this
    4. If going for stamping do my dependents also should join me
    Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together




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  • piyu7444
    04-11 12:47 AM
    If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?



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  • doggy
    07-22 04:25 PM
    As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).




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  • logiclife
    07-12 11:54 AM
    Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.

    Tancredo introduces an immigration bill every week. Its like newsletter for him. There is nothing new here. No one listens to him. Not even the Republicans. If he was take seriously, then H.R. 4437 (109th congress) would be called "Tancredo Bill" not "Sensenbrenner Bill".

    Tom Tancredo not only has 0 clout with Republicans, he has lost clout with a caucus he found. HIRC (House immigration reform caucus) was founded by Tom Tancredo. He is not a chairman of that Caucus anymore. I think its some other guy, probably Lamar Smith of Texas.

    Stop the panic attacks everytime someone like Tancredo, Sensenbrenner and Sessions say "Boo !".



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  • vivekm1309
    01-26 12:16 AM
    Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?

    I noticed these Business section journos are endlessly talking about ways to prevent the recession.

    We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...

    Not sure if IV gurus are thinking on these lines.

    Vivek




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  • rgpr
    03-29 08:42 AM
    During my first entry to the US I had been on an F1 visa for my MS studies. I took an OPT corresponding to this level of education and had a COS to H1B within the US (academia, quota exempt). I never had this H1B stamped in my passport as I never left the country.

    In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.

    I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.

    I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?

    Any other thoughts on the wait time around the COS period?



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  • h1bjava
    03-20 02:08 PM
    Hi Coolpal,

    Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.

    Thanks.




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  • calboy78
    08-02 08:48 PM
    This document:
    http://www.uscis.gov/files/article/B5.pdf
    Says that :
    If you stay outside of the
    U.S. for one year or more and did not apply for a re-entry
    permit before you left, then you may be considered to have
    abandoned your permanent resident status and may be refused
    entry into the U.S. if you try to return. If you are in this situation,
    contact the U.S. Consulate about a returning resident visa.

    You might want to talk to an attorney before !
    Good Luck and hope DHS/USCIS will provide some relief to you.
    They have decades old laws, which don't make much sense and they have no agenda to change 'em.



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  • GCNaseeb
    02-06 03:40 PM
    Anything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.

    Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.




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  • ysnraju
    12-07 12:02 AM
    for my 8th Year extension I applied on 16th Nov.2007
    and got approval notice on 28th Nov.2007 with 1 Yr extension.
    Actually based on December bulletin my attorney asked for 3 yrs. but got 1 yr. as in Nov my PD is current.
    Off-course on 30th my I485 is approved.


    So there is no doubt your attorney is so wrong.......



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  • Blog Feeds
    02-05 06:40 PM
    AILA Leadership Has Just Posted the Following:



    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement�the Department of Labor�but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA�these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:




    H-1B's create jobs�statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers�this is lost when companies are discouraged from using the program.
    The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India �one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
    Whatever the cause of the visceral reaction against H-1B workers might be�whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy �I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7575642888668204601?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html)




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  • dogking
    03-20 12:23 PM
    Does anyone know the time frame of WISH and Talent bill?



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  • overmars
    06-09 12:43 PM
    My understanding of the Neufled memo does not invalidate the question asked by Saarissimo. The memo refers to a person being the sole owner of a company. If the LLC in question is owned by X,Y and they then offer Saarissimo 33% of the company to own, then Saarissimo's employment in the LLC should fall under employer-employee relationship unless it is specifically written in the operating agreement that the company will cease to operate if Saarissimo is terminated from employment.

    I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.




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  • nsrinivas
    09-24 11:40 PM
    Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.

    I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.

    Does InfoPass come to any help here?

    Please suggest.




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  • number30
    03-14 06:17 PM
    Hi Attorneys/Seniors,

    Application Type:H1 Transfer(Premium Processing)
    Processing Centre:VSC
    FedEx Delivery Date:03/04/2010

    Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.

    Please help me regarding this.

    Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
    How soon we receive the receipt no in premium processing case.
    Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
    Please help me

    It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.




    zuhail
    10-14 02:07 PM
    Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.

    While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?




    gcnirvana
    06-25 07:51 PM
    Employer pays everything except for my EAD/AP as my H1 is valid till 2010. And fortunately, USCIS surgeon billed my medical exams to my insurance. Not sure if it'll come back and bite me but as of now I didn't pay a dime :)



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