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02-03 06:44 PM
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05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
seemashah
02-21 04:26 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
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sundarpn
04-07 10:45 PM
I am a resident working on H1b. Got married and wife joined me in July 2010.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Thx
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Thx
more...
sdrblr
11-30 03:45 PM
You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.
apoojo
06-21 10:58 AM
I am not a lawyer but was involved in something similar.
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
more...
martinvisalaw
09-03 08:22 PM
Hello,
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
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waiting4gc
09-11 07:56 PM
Murali,
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
more...
sanjay02
03-13 07:46 PM
Dude
For you to file I-485 the dates must be current, yes you can file for I-485 yourself.
For you to file I-485 the dates must be current, yes you can file for I-485 yourself.
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chanduv23
11-14 10:19 AM
Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.
Talk to a lawyer - to get a better understanding
Talk to a lawyer - to get a better understanding
more...
pappu
05-01 12:17 PM
http://www.freep.com/apps/pbcs.dll/article?AID=/20070501/NEWS01/70501019
check it out.......
reporter contact Pleeeeeeeez
You can find it if you spend a minute extra on the site and look at the contact us page.
Niraj Warikoo, Reporter, nwarikoo [at] freepress.com
check it out.......
reporter contact Pleeeeeeeez
You can find it if you spend a minute extra on the site and look at the contact us page.
Niraj Warikoo, Reporter, nwarikoo [at] freepress.com
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sagittarian
05-08 04:07 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
more...
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adusumilli
09-18 10:51 AM
just a first look
i will update as soon a i get more videos
http://pictures.sprintpcs.com/share.do?invite=UEtrJz2Um8UjgaqL8hpk&shareName=MMS&messageState=RETRIEVED
Thanks
Gopi
i will update as soon a i get more videos
http://pictures.sprintpcs.com/share.do?invite=UEtrJz2Um8UjgaqL8hpk&shareName=MMS&messageState=RETRIEVED
Thanks
Gopi
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rayoflight
05-08 12:40 PM
Friendly Reminder about DC/MD/VA Chapter Meeting
DC/MD/VA Chapter Meeting
Date: 05/09/2009
Time: 3PM - 5PM
Location: Conference room at Tysons Pimmit Library
Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088
Thank You,
Rayoflight
DC/MD/VA Chapter Meeting
Date: 05/09/2009
Time: 3PM - 5PM
Location: Conference room at Tysons Pimmit Library
Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088
Thank You,
Rayoflight
more...
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gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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Becks
02-08 11:48 AM
I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
more...
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new_horizon
02-19 01:54 PM
It showed 'Tamil Nadu' on my wife's Appointment letter too, even though she has been a resident in US for last 6 years (also she's originally from Kerala). There was no problem at the interview. So don't worry.
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pappu
12-14 09:27 PM
IV is aware of this and already in contact with indian orgs. pls go through some of the last month's threads about our Boston, MA conference participation to know how we are working with the Indian American communiy.
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dreamworld
12-13 05:10 PM
Yes, Finger prints are done in Oct 07
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
peer123
06-17 09:18 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
I suggest go with EB2 if the priority date is way ahead of EB3
I suggest go with EB2 if the priority date is way ahead of EB3
NH123
01-13 12:49 PM
EMC Corporation
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