четверг, 23 июня 2011 г.

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  • maddipati1
    12-17 12:58 PM
    people already forgot about Jan Visa bulletin. its almost time for Feb bulletin predictions. wait a couple of days, one of the genius will start a thread for Feb bulletin predictions :-)




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  • h1techSlave
    01-05 05:37 PM
    Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

    End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:




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  • kumar1
    03-05 11:09 AM
    You do not need any visa for that purpose.
    It is one of the missing unalienable rights listed in the US declaration of independence (Life, Liberty and Pursuit of Happiness).

    on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible




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  • whoever
    07-25 03:48 PM
    now what you want to protest for? i guess it should not be misused.



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  • Green_Always
    11-26 08:38 PM
    BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.

    He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.


    Nice.. to know this, hope my Daughers become famous like this. Really.

    I am poor guy working as IT Admin -- hope my wish comes true.




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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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  • bombay
    01-08 01:07 PM
    my spouse did not change her last name. Its not required in America. Even the bank accounts are different.




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  • enver
    07-12 07:37 PM
    Hi Friends My lc approved under 245i 05-26-01 world wide,my question is if I file perm with new company and if Ican get 140 approved can I use my old priority lc number and apply for 485.PLEASE HELP THANKYOU.



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  • GCNaseeb
    10-31 09:29 AM
    The nearest USCIS office is 70 miles from my home zip code. Is it ok if I schedule Infopass from my work zip which is less than 10 miles?




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  • RSM1444
    05-06 11:38 PM
    I am also in the same scenario. Any info will be appreciated.



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  • northstar1
    07-26 10:59 AM
    My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.

    The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.

    My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.

    I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.




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  • small2006
    08-08 01:39 PM
    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.



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  • pmamp
    03-20 03:31 PM
    I think there is something cooking. As always will have to wait .....




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  • eyeswe
    06-03 04:55 PM
    Thanks qasleuth.. that clarifies



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  • vallabhu
    07-30 11:54 AM
    I applied on April 17th and got it approved on May 30th.




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  • Jeff Wheeler
    08-20 01:58 PM
    Yeah, I know that’s what it means, but I’ve heard it pronounced the other way IRL; I thought it was kinda funky, but cool.



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  • skagitswimmer
    September 7th, 2006, 11:02 AM
    Kevin, I often use the technique of "developing" 3 or more images from a single raw file and then blend them using layer masks. For some reason, adobe's automated HDR doesn't work from such images though. It wants 3 real files shot at different exposures. I have no idea why.




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  • f1togc
    09-09 01:47 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
    Babu is right, you will be a parolee and can still work for your h1 sponsoring company.




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  • TheOmbudsman
    09-01 03:17 PM
    Ah, so Berkeleybee is she. Oh, that makes sense, that's why she is a bee.

    That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.

    I wanted to start this thread in members only, but it wouldn't let me.

    Thanks.




    santb1975
    09-23 09:20 PM
    I am still waiting for the receipt numbers. Could take a couple more weeks




    ashneels2001
    12-06 11:14 AM
    In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.



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