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  • mrajatish
    04-02 08:51 PM
    I am not part of the founder org. but I am just shocked at the venom you show in all your messages.

    Your goals so far has been
    1. Complain and rant about things.
    2. Discourage people for participating in IV.
    3. Trying to do a "divide-and-conquer" within IV.

    IV is for all legal EB based immigration - it is very clear in the mission statement what is its goal.

    Also, even if IV was as myopic as you claim, future generations of EB immigrants wll benefit simply by virtue of the fact that people currently in line will not fight with them for GC.

    I have been an IV member for a long time, from the days when IV was 50 people org. One of the goals of IV has been to avoid personally maligning people, so I will refrain from that, but if you want to take up this matter, send me a PM with your email address. My email address is mrajatish AT yahoo.com.

    Raj





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  • Anil_s
    07-08 09:45 AM
    Hi Ari,

    Thank you for the reply.

    As I came to know L1 is denied due to skill set I have is not enough, which I do not agree and I can appeal for the same.

    Will you advise me to reopen the case? And if I am reopening the case am I eligible to stay here in US till the case is finalized even if my I-94 expires?

    Can I also file for H1 at the same time?

    Thank You
    Anil





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  • amsgc
    04-05 04:07 PM
    Sunil,

    I suggest you use the most recent A# on your I-485, and relax.

    The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.

    Good luck!





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  • gc28262
    07-16 07:30 AM
    Murthy Bulletin
    VOL. XVI, no. 29; Jul 2010, week 3
    Posted : 16.Jul.2010

    MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)

    Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.

    Background of Denial of Entry to the U.S. in January 2010

    The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.

    Travel Outside of the United States

    The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.

    CBP Checks on Returning H1B Workers

    When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.

    The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.

    Removed H1B Worker Contacts Murthy to Take Action

    The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.

    New H1B Petition Approval

    While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.

    Murthy Takes Action to Reverse Earlier CBP Decision

    The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.

    Determined Follow-up Leads to Relief

    The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.

    Conclusion

    We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.



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  • gc_seeker_ks
    04-13 04:33 PM
    This bill proposes H1B quota increase over next couple of years and exemption of advance degree holders from EB immigrant numbers. Helpful for sure if passed.





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  • immigration_law
    08-24 07:08 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL
    Hi Yingli,

    I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.

    The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.

    ~Justin Fok



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  • rajenk
    09-16 04:48 PM
    USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.

    My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).

    Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....

    Is there any thing that I could do about this?

    Thanks,
    Raj:(

    Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!





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  • Pagal
    11-22 04:08 AM
    Hello,

    FWIW do check if you need to change terminals ... now most international connections are managed through Terminal 5 (where you don't need any visa as you move from one gate to other) ... if you do need to change the terminal, then its a different story...



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  • lvinaykumar
    04-22 05:02 PM
    For me to even think of getting a GC i might have to atleast move to EB2 from EB3 :mad:





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  • TomPlate
    01-09 10:20 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.



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  • ssingh92
    01-08 11:57 AM
    "same geographical area" what does it mean. In US or in the same State or the 200 mile radius from your company head qtr. You need to contact a good attorney.





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  • meridiani.planum
    06-12 01:35 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?

    Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
    - lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
    - conversions of EB3->EB2
    - LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed



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  • bestin
    06-18 10:15 PM
    Thanks Guys.This was what me and my attorney were thinking.The reason why the officer asks my advanced degree is misleading inspite of the fact that my labor (as well as advt)was for bachelors +5 years experience and didnt mention anything about advanced degree.

    To answer your question ,yes i had about 7.5 years experience (about 6.5 at Indian Branch office and others else where) before joining current company in US.

    Attorney has mentioned we will argue my bachelors degree + 5 years experience is equivalent.

    BTB is it mandatory to have Masters in Labour? Wont bachelors+5 years experience be enough?





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  • Adam
    08-19 11:01 PM
    I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:



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  • sailing_through
    02-18 12:12 PM
    My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..





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  • jatinr
    07-23 06:45 PM
    USCIS has cleared answers to most of the questions related to receipt notice,but not the one where a I-485 receipt notice is not issued and the applicant has to file 765/131 before August 17th to take advantage of old fees.

    Most of the applicants were not able to file 485/765 and 131 concurrently.

    Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.

    Can someone get these claried as part of FAQ's



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  • a_yaja
    01-02 09:35 AM
    Hi,

    My first passport was issued on mar 31 1998..with expiration date of 30 mar 2008. I lost this passport and one more (obtained thru tatkal in india) and the latest passport (also issued thru tatkal in india) has issue date of 1 nov 2003 with expiration date of 30 mar 2008 (same expiration date as the original passport).

    My question is should i be applying for passport renewal or a new one at Indian consulate SFO (i stay in that jurisdiction)

    If renewal, will they just endorse the new expiry date as 30 mar 2018 (i.e will i get back the same passport)?

    Pls clarify this?

    Regards

    New Passport or Renewal depends on your current passport. If there is an "(F)" after the expiry date of your passport, then you will have to apply for a new one. Otherwise you can renew the existing one. Even if you get a new one, the consulate will return the old one - and you can carry both passports if your old one has a valid visa. I am not sure if renewal will result in a new passport copy or if they will just change the date in the existing passport. After coming to the US, I could only apply for a new one as I could not renew my old one (old one was applied for when I was below 18 yrs old). At that time, I carried both my old passport with F1 stamp and new passport untill I got H1 stamped in my new passport. The new passport I got back in 1997 was valid for 20 years (expires in 2017).





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  • tsrinivas
    07-19 02:30 PM
    All that your have to do is get it translated by any one who is fluent in English and Marathi ,
    Document has to be signed and contact information of the Translator has to be placed.
    -------------------------------------------------------------
    Translated Text
    ------------------------------------
    Declaration of Translator
    I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.


    Signature
    Date
    Contact Info





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  • maximus777
    03-04 05:49 PM
    Dont think so. If you have tech skills, might want to try your luck with H1-B circus.





    rameshk
    12-09 10:49 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,





    ImmigrationAnswerMan
    07-01 03:52 PM
    Anil:

    L's are only approved for one year where the U.S. company is a new office.



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