chanduv23
01-06 09:52 AM
Just say "All izz well" and watch out for the bulletin :)
wallpaper Red Carpet, Anne Hathaway (The
GCAmigo
02-09 01:02 PM
Pardon my ignorance.
What is op-ed ?
http://en.wikipedia.org/wiki/Op-ed
~GCA
What is op-ed ?
http://en.wikipedia.org/wiki/Op-ed
~GCA
drirshad
03-13 04:31 PM
03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
2011 in the Devil Wears Prada,
ksrk
08-15 02:10 PM
Thanks Krsk,
My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..
What do you think..??
Om
Hey Omved,
If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.
Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...
The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.
I honestly can't think of any other options...can you?
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..
What do you think..??
Om
Hey Omved,
If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.
Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...
The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.
I honestly can't think of any other options...can you?
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
more...
morchu
05-05 02:02 PM
Yes. This is probably one of the simplest RFE's to reply. Other members have provided enough details on what to include. Some more documents I can think of are:
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
Dependent Medical Insurance, Joint Auto Insurance, Joint lease/mortgage agreement (joint residence), flight tickets of vacation trips together.
Dont worry if you dont have "all" of the mentioned documents. I hear that USCIS attaches a barcode sticker for the reply, and having this makes them easier to track your reply.
div_bell_2003
03-24 06:56 PM
Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
more...
reachinus
07-30 10:18 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.
Best of luck with your filing.
thanks for the kind replies...
Yes is surely possible. To get a reply from the appeals process takes years. What your lawyer suggesting is a good option. Hope you have strong points to over come the cause of the last denial. In case is was due to ability to pay, make sure you are getting paid atleast the Prevailing wage and submit that pay stubs that prove the same.
Best of luck with your filing.
2010 Anne Hathaway (form quot;the Devil
belmontboy
01-18 02:58 PM
Chances for an audit are 95%:(
do u have any source for this?
If you don't, you should learn not to give answers that you don't know.
do u have any source for this?
If you don't, you should learn not to give answers that you don't know.
more...
GC_SUCK
09-26 11:19 AM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
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raysaikat
07-10 07:17 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
more...
papajon
06-18 07:13 PM
Before answering something like this, you should know what you are answering.
could you please explain?
UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
could you please explain?
UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
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gc_chahiye
12-18 11:37 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
more...
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gimme_GC2006
03-25 09:23 PM
ok..from what I have been hearing from my multiple friends and company's attorneys, USCIS has been digging deep into most of the 485s..
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
Our company guy said, there is some new policy in 485 processing which is causing them to gather lot of other information (I havent seen this policy published anywhere..so thought this guy is bluffing)..but I dont know many ppl have been saying about such RFEs or RFEs which were not raised before are more common now.
Look at my other thread as an example.
Hopefully you resolve it fast
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roseball
03-24 07:39 PM
If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....
more...
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waitingmygc
10-19 05:44 PM
For a case like you best bet will be "Immigration Law Group".
IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)
Note: Its merely my personal onion.
IMMIGRATION LAW GROUP LLP (http://www.immigrationlawgroup.net/)
Note: Its merely my personal onion.
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FrankZulu
08-20 09:45 AM
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
more...
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whoever
01-10 07:10 PM
can you justify why chances are more of a eb relief from what numbers gang has?
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nareshg
12-15 07:40 PM
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....
anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?
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cs.0
02-13 06:32 AM
hi.
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
beautifulMind
01-06 03:06 PM
Congrats. My EB3 is pending in NSC for more than 600 days now!
radhay
07-26 07:25 AM
My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
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