Sunday, July 3, 2011

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  • logiclife
    02-01 02:16 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

    --------------------------------------------------------------------------------

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.

    This is still not a big deal.

    Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?

    Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.

    So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.

    Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.

    If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.

    Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.





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  • ivar
    08-11 09:46 AM
    You were the first one to report this bulletin which brought good news to me as i am now able to file I-485. Give you green.

    Dont know if is authentic

    Pederson Immigration Law Group, P.C. - Priority Dates Progress - September Visa Bulletin Announced! (http://www.usvisainfo.com/content/view/166/1/)





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  • gcisadawg
    03-18 01:17 PM
    Guys, lets not divide the community again. Everyone is suffering in their own ways due to backlogs. I know some EB2 folks who got GC, got a home and now their home price is way down.

    If we complain about discrimination, we don't have a case. Look at EB3-I distribution between 2003 and 2008, inclusive.

    Year EB1 EB2 EB3
    2003 1,266 8,536 10,647
    2004 2,998 16,262 19,889
    2005 6,336 16,687 23,250
    2006 3,156 3,720 3,006
    2007 2,855 6,203 17,795
    2008 5,327 14,819 3,576
    21,938 66,227 78,163

    I understand all of those EB3-I visas were not given to software folks. It included lots of nurses and physiotherapists also. Nevertheless, they were under EB3-I quota. In all the years listed above, visas allocated to EB3-I were higher than 7% country quota for India which is about 2803 visas. ( .07 * .286 * 140,000)

    Peace,
    G





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  • rockstart
    08-05 03:06 PM
    How does a lawyer know if u r stuck in namecheck? Unless you go to infopass you may not know.

    In reality, the app was just taken up for processing - the IO figured that FP has not yet been done and sent notice and during the course of processing the app, decided to send it for interview.

    Perhaps u r right. Lawyer might have just made up that story to get him off his back. The guy was pretty annoyed at not getting FP notice. He went for infopass twice and all they did was sent a FP request to CIS (told him they were doing that) but nothing happened.



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  • njboy
    05-12 08:09 AM
    In my humble opinion, if people who have been illegal in US for over 5 years are granted legality, then the govt should

    1) Close the backlog processing centers where our cases have been languishing for years

    2) Grant us green cards if we can show minimal proof that we did infact file for permanancy legally at some point in time.

    I mean COME ON guys..the government is giving legal status to more than 10 MILLION illegals in this country, yet when it comes to 300,000 tax paying, qualified, LEGAL, degree holding H1B workers, the same government is penny pinching and trapping us in a bureaucratic paper nightmare. What is 300,000 when compared to like 13 Million?? Its a drop in the bucket. Do not forget that our employers have paid big bucks for every H1B, and additionally paid for the creation of the backlog reduction center, where they are painstakingly poring over each and every case with a toothcomb.





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  • ragz4u
    04-03 12:40 PM
    We are working really hard to get our amendments in. Please understand, we are not doing this for fun. We are into this just like you for our green cards. It would really help if we get support instead of having to answer the same questions over and over

    To emphasize again

    We are trying to get our amendments in the bill. It is not an easy task considering that the senators have achieved a fine balance behind the doors and are unwilling to be the ones to break it. But again, we are going full steam with this as it means as much to us as to you. And remember, we are a voluntary non-profit organization. Before you start doubting anyone here, remember, there is no gain for us doing this.

    I am not sure if this satisfies everyone, but WE ARE WORKING ON THE AMENDMENTS CURRENTLY.



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  • meridiani.planum
    02-15 11:49 AM
    Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.

    For them, this is their country. All jobs should go to them rather than a foreigner like you.

    What is your response for that ?

    they are not capable of doing those jobs. ANyone who has gone through a labor certification has documented, government verifiable/auditable proof of this.





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  • chanduv23
    09-22 04:57 PM
    A very horrible psychopath who has proven himself to be a loser all his life has given me a red with the following " hehehehehhehehehehh" words for my above post.

    My message to whoever gave me a red - u r such a loser.


    Invoking AC21 is easy, but you need to know what you can expect and how to resolve it

    (1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
    (2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
    (3) Your new job must be in same or similar category.
    (4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
    (5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
    (6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.

    Hope this helps



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  • abhishek101
    04-03 12:41 PM
    I have known these fence sitters and claimers of all the intelligence in the world for long. In my personal life I have started ignoring them and we can do the same in this effort.

    Let these people shout (because that is all they can do rather than real work). If somebody shouts a lot ban him from the board and let's proceed peacefully.

    Opposing ideas from active members are always appreciated but someone who just knows how to oppose but never do anything kills motivation. Whether right or wrong it is a bad call for any plan.

    So even if somebody thinks he/she is giving good advice but they are not doing anything to help us let's kick them out.





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  • psaxena
    07-31 01:05 PM
    The document was published on April 30th 2008 , its a year old document means nothing at this moment of time.



    Well - from what I understand is that - these are the low hanging fruits - just like how you optimize time and resources, they pick candidates that are approvable and and utilize the time to process.

    It is actually meaningless unless they make it public - say - send a letter saying that your case is preadjudicated and all we are doing here is waiting for the number.

    If it is something internal - then well as long as your file is lying on the shelf waiting for visa availability internal policies may change anytime.

    The entire preadjudication thing was started at the peak of economic turmoil - some say it was planned to weed out as many bad apples as possible from the GC queue by issuing denials, noids and rfes - if this is the case - then this will continue to happen as long as economy does not improve and job market is still bad.



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  • thankgod
    06-03 10:07 AM
    For all those who commented in negative.
    1. Its posted in Interesting topics section. GC, E2/E3 predictions,H1B extension etc is not the only thing left in life.
    2. Spelling is a logical/creative thing. Its not cramming words from dictionary. Its an art too. Ever heard of phonetics.

    have a nice day.

    Ofcourse it is our world now. EB community is our world now.

    If you want to comment on these kind of articles or post them go to CNN or Washington Post or Newyork Times or Huffington Post. We have lot other media portals.

    The main goal of Immigration Voice is to discuss about immigration matters. Its not about silly Spelling BEE or Spelling LEE.

    I dont care about that because I have a dictionary, when I write an email I use my word and apparentley when I am talking I dont spell the words :)

    There are lot of interesting topics in the world other than Spellings and it is waste of time..





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  • malaGCPahije
    09-26 03:53 PM
    Why is llc less risk? i know that the legal paper trail requirements are lower... but i dont know of any other major benefit than ability to share profit and loss disproportionate to ownership stake... which could be a double edged sword too... what risk is covered in llc that is not covered in corp?

    in fact i chose corp because it was cheaper.... thats it.

    the low risk lies in the fact that any adverse decision you may have to take ever (God forbid) like bankruptcy does not affect your own personal credit history and assets. I am not sure whether the same exists for corp or not. So I may be wrong regarding the low risk factor of LLC. But I always had the notion of starting any venture as an LLC and then moving on to a corp.



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  • ksvreg
    08-10 07:21 PM
    Last call...any more preditions? Magic figures will arrive soon. I guess, no predictions worked well in the past. I vote for predictions as well as Magic figures. :)





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  • GCmuddu_H1BVaddu
    03-26 09:10 PM
    Man, everyone gave me REDs for opening this thread and I am surprised it is keep coming to the top. I can see this going to several pages :confused::confused:



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  • gc_nebraska
    01-13 05:04 PM
    Guys ! I know couple months ago a lot of us got RFE's and the status says " response received and cased resumed" but nothing after that , do you'll think that they might look into our files even with different PD dates.





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  • looivy
    03-19 02:16 PM
    This favours temporary workers on H1, L1 etc. An H1/L1 spouse can move to the US easily, but not that of a GC holder. If you want to bring out this "discrimination", that would mean to discontinue H4 visas, as seeminlgly it is a discrimination against a GC holder. Is that you are looking for?

    EB3 discrimination is quite blatant. Folks with a date of March 2004 should be automatically considered EB2 based on five year experience. This is not just for EB3-I or EB2-I but for all chargeabilities.



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  • hpandey
    01-15 11:52 AM
    Recently I met one friend. He was visiting his friend for vacation in New Orelans. When he was washing his hands in the rest room (in a shopping complex or Mall), suddenly he saw 3 or 4 guys surrounding him, hit him and took away his vallet and cell phone. Within a short time his credit card was used for a huge money around $2000. He was hit so bad that his nose bones broke into pieces and he has metal installed now for him to breath properly. I am not sure if this is due to bad economy or enemity over immigrants.

    New Orleans was already in a bad shape due to Hurricane Katrina. Crime there is very high after what it went through. Anyway all these attacks have more to do with robbery ( or altercations ) rather than legal immigration attacks. The attackers don't care while attacking you whether you are here legally or illegally.

    Sanju said the exact right thing. No need to be paranoid.





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  • samcam
    02-09 03:26 PM
    Hi admin,
    Can you please update the total contributions dollars in the 'contribute now' page? I think seeing the updated numbers, especially after you guys did an incredible job of signing a contract with the lobbying firm, might help some dormant (contribution wise) members.

    Thanks.

    samcam





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  • sachuin23
    04-21 01:20 PM
    if its a 10 year visa...i doubt there should be a concern about visa renewal.
    Hopefully in 10 years you have GC and USC :)
    But to answer your question...as long as you are not overstaying the 6 months there should be no legal issues. Ofcourse there is no such guarantee as it is upto the visa issuing officer's discretion

    Thanks ! Thats what I thought , but wanted to confirm with senior members.





    kumara121
    04-19 01:01 PM
    What can Obama do when most of the Republicans are dead against the immigration reform. They didn't allow their own party president to pass the CIR. Do you think they will allow Obama to do it?





    chanduv23
    10-13 08:13 AM
    We had around 17 highly charged up and dedicated IV members who definiitely want to do "something".

    There was a diverse crowd this time. We had F1 students, who are now beginning to understand the gravity of this issue. One student is a student in Journalism and is currently doing project in legal immigration.

    One physician came all the way from Connecticut and his wife another physician doing residency came all the way from Long Island and our dedicated leader mpadapa came all the way from Poughkeepsie.

    Me and another family came from Queens. Some were from Manhattan.

    Almost everyone else resided in New Jersey.

    'laborchic' was the man behind this meet and greet and his enthu never went down, he always stood up and adressed the gathering. He stressed on the importance of Unity, which the community lacks.

    mapdapa discussed about local law maker meetings. He has been managing and scheduling local lawmaker meetings. Almost everyone instantly offered to meet their lawmakers - but definitely with training and some direction and efficient management.

    Me, mpadapa, singhsa3, siravi and laborchic were explaining to folks the importance of IV, our goals, plans etc...

    One of them was a "Birthday Boy". He accompanied his sister and brother in law whose IV handle "sweet23guyin"

    We had ndbhatt, healing_wong, dressking, supermann, frankiesaysrelax, devillion696 who also actively participated.

    In addition, logiclife's email newsletter got us a few more people and I do not have their IV handles, they are Badri, Tejesh, Alpesh, Sailesh.

    One guy (Alpesh) was a part of San Jose rally and was an active member in the CA chapter and recently moved to NYC.

    Maya is a beautiful place for a evening drink and a snack and discuss things - only drawback was that they played music that was loud, and we had to ask them to reduce the volume. The snacks were very good.

    Based on the feedback over past few days and also based on some feedback about local meetings in general
    Everyone wants to have a Saturday afternoon meeting in New Jersey.
    The meeting must be in a conference hall or a banquet hall and have parking facilities.
    One or two core members must be present
    Training for law maker meets must drive the entire session with other stuff also being discussed in between.
    Educating people about IVs goals and the hard work IV does in the background is a must in every chapter meeting.

    We all decided that we will be active from now on, if we were not active earlier. We will build a strong State chapter.

    Those who were in the "meet and Greet" yesterday - please post your experience - we all took turns and spoke and shared ideas - do please post your experience and your views.



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