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  • Alabaman
    08-21 02:52 PM
    If your calculations are right then this is really really bad.





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  • martinvisalaw
    12-01 06:00 PM
    The relevant dates, as I see it, are:

    10/06: H-1B ext filed
    12/06: H-1B expired, ext still pending
    7/07: 485 filed.
    ??: H-1B ext denied?

    Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.





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  • snowshoe
    12-19 02:21 PM
    I went to Consulate General of Mexico, New York this morning, when the Visa officer asked me for my air tickets I told her that I am taking a cruise that has a stop in Calica, Mexico. She told me that a visa is not required in such cases and gave me a flyer that contains this info.

    This is a para about Leisure cruises:

    "A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."





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  • casinoroyale
    01-07 09:11 AM
    I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.



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  • webm
    01-23 10:19 AM
    Sounds great..esp TSC dates.





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  • cram
    10-09 07:06 PM
    please anybody????????



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  • Blog Feeds
    02-28 09:10 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
    http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us



    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)





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  • GotGC??
    03-09 12:36 PM
    No surprises here...from Murthy Bulletin:


    2. Employment-Based Visa Number Predictions

    We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.

    HISTORICAL BACKGROUND OF RETROGRESSION

    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.

    PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS

    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.

    CONCLUSION

    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.



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  • pboy
    03-25 02:48 PM
    When I traveled to Hyd, my luggage went missing. They found that the connecting flt to JFK didn't deliver the bags to Emirates. I got that after 2 days. But they gave me $50 at Hyd and also amount equivalent 2 2nd AC train tickets to my District. They have really good shops at Dubai airport.

    One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.





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  • chanduv23
    09-15 09:59 PM
    No place for the selfish - and for those lazy people expecting others to do it for them

    AMERICA IS FOR THE BRAVE,
    WORLD IS FOR THE BRAVE

    NO ROOM FOR SELFISH
    NO ROOM FOR COWARDS
    NO ROOM FOR LAZY



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  • sri1309
    11-03 07:33 PM
    short answer Nope
    a) because immigration is not high on Obama's agenda.
    b) the economic downturn will be used by the the anti's to thwart any measure to help us
    c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
    d) The trend is that the right will become hard right and left will become hard left...wait and watch.
    the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
    We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .

    Imagine you are one of the candidates. Will you raise it. We must make them realize this is important,once they get elected.
    This cannot be an issue to be raised by any candidate thats more focussed only on economy. Immigrants arent playing any +ve or -ve role here. So why will their issues be part of election campaign.
    Again, please congratulate the new president, and do let them know our pain..Tell them we need some dynamic leadership and quicker action.





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  • xbohdpukc
    08-26 08:58 PM
    im really concerned about getting a GC more than using my MBA. Im already a Director of Software Development for my company so there no more career change that i need !

    then just sit tight and wait. and keep your money from those crooked "educators"



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  • barath_india
    07-17 03:50 PM
    Actually it is the G28 form that you sign to give authorization for your lawyer to represent you. It is valid just the one time when they file the forms and not considered as for your life of your form/application.

    This means, that in future all the corresponsence related to the form in case of I-485 will be forwarded to you aswell as your lawer/company immigration dept by USCIS. For example, if USCIS sends a FP notice, that both of you guys (You and Company lawer) will receive the copy.

    Bharath





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  • sumant18
    07-17 08:03 PM
    Today (7/17/08), I received a reply from USCIS by mail in response to an "expedite" service request I opened with regards to my biometric finger printing on last Friday (7/11/08).
    Under the heading of status, the letter says:

    "Due to the high volume of expedite requests of this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
    While your situation appears serious, you have not provded evidence of an extreme emergent need.

    A request for finger prints will be sent.

    XM0625"

    Although the first part says that I have not submitted the evidence, the last but one line above contardicts somewhat, in that it says that the fingerprinting request WILL BE SENT.

    Anybody have any idea what this means? Should I be looking forward to somethig or call USCIS? Does "XM0625" mean anything or is is some system generated code?



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  • jonty_11
    07-12 12:00 PM
    if u switch status from h1 to h4...i think u willl be subjected to cap next time u file for H1..as its a fresh H1 and not H1-Transfer





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  • mariusp
    12-20 10:08 PM
    There is no scam. At least from what you describe...
    I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.

    Assuming that he files as single with no dependents, that means:
    (http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)

    Tax brackets are:
    $0 - $7,300 tax is 10% ---> he pays $730$
    7,300 - 29,700 tax is 15% ---> he pays $3,360
    29,700 - 71,950 tax is 25% ---> he pays $10,562
    71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854

    -------------------------------------------------
    You add all those up and the total amount in tax he owes is $22506 / year

    Okay, now subract this amount from 100k and you get: 77494 / 12 months
    = 6457 per month

    Now you need to pay social security and medicare:
    Social Security about $500
    Medicare about $120

    You get: $5800 in hand

    Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.

    In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?



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  • kondur_007
    07-30 09:56 PM
    then you are in a good shape. Make sure you keep ur employer and attorney aware of everything.
    Good luck.





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  • gveerab
    01-18 03:47 AM
    See you there on sunday.


    This is an wonderful opportunity to help your self.

    Please participate and show your support.





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  • seaken75
    09-26 12:16 PM
    I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?





    sandy_anand
    01-24 10:17 AM
    We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

    Thanks!





    imv116
    06-06 05:26 PM
    Hi,

    I have some questions in regard to using AC21.

    Using AC21, what are the risks involved with I140, provided it is:
    1. Already approved and more than 180 days after filling I485?
    2. New job/position is “same or similar” as mentioned in I140?

    Situation:
    1. Employer wants to revoke the I140 or in way threatens
    2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.

    Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?

    http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
    http://www.murthy.com/news/UDportme.html

    Please give your suggestions

    Thanks All,
    IMV116